Competition Commission v Raubex (Pty) Ltd (017012) [2013] ZACT 65 (22 July 2013)

Competition Commission v Raubex (Pty) Ltd (017012) [2013] ZACT 65 (22 July 2013)

The Tribunal found that Raubex (Pty) Ltd admitted to engaging in collusive tendering and bid-rigging in contravention of section 4(1)(b)(iii) of the Competition Act, 1998, in respect of nine prohibited practices in the civil engineering subsector. Raubex cooperated fully with the Commission, provided truthful disclosure, and undertook to cease prohibited conduct and implement a compliance programme. The Tribunal accepted the terms of the consent agreement, including the administrative penalty of R58,826,626, as a full and final settlement of the specified conduct. The Tribunal confirmed the consent agreement as an order, concluding all proceedings between the Commission and Raubex in...

Citation
[2013] ZACT 65
Parties
Applicant: Competition Commission; Respondent: Raubex (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
22 July 2013
Case Number
017012
Procedural Posture
Consent Order Application / Order Confirming Consent Agreement
Outcome
Consent agreement confirmed as an order of the Tribunal; administrative penalty imposed; proceedings between the Commission and Raubex in respect of the specified conduct concluded.
Judges
N Manoim, Y Carrim, T Madima
Legal Topics
Collusive Tendering, Bid Rigging, Administrative Penalty, Consent Agreement, Market Allocation
Competition Law Commercial and Corporate Collusive Tendering Bid Rigging Administrative Penalty Consent Agreement Market Allocation

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Parties

Competition Commission

Applicant

Raubex (Pty) Ltd

Respondent

Procedural Posture

Consent Order Application / Order Confirming Consent Agreement

Legal Issues

  1. 1 Whether Raubex (Pty) Ltd engaged in collusive tendering and bid-rigging in contravention of section 4(1)(b)(iii) of the Competition Act, 1998.
  2. 2 Whether the consent agreement between the Competition Commission and Raubex (Pty) Ltd should be confirmed as an order of the Tribunal.
  3. 3 Whether the administrative penalty imposed is appropriate under the Act.

Ratio Decidendi

The Tribunal found that Raubex (Pty) Ltd admitted to engaging in collusive tendering and bid-rigging in contravention of section 4(1)(b)(iii) of the Competition Act, 1998, in respect of nine prohibited practices in the civil engineering subsector. Raubex cooperated fully with the Commission, provided truthful disclosure, and undertook to cease prohibited conduct and implement a compliance programme. The Tribunal accepted the terms of the consent agreement, including the administrative penalty of R58,826,626, as a full and final settlement of the specified conduct. The Tribunal confirmed the consent agreement as an order, concluding all proceedings between the Commission and Raubex in...

Court Disposition

Consent agreement confirmed as an order of the Tribunal; administrative penalty imposed; proceedings between the Commission and Raubex in respect of the specified conduct concluded.

Orders

  • The consent agreement between the Competition Commission and Raubex (Pty) Ltd is confirmed as an order of the Tribunal.
  • Raubex (Pty) Ltd shall pay an administrative penalty of R58,826,626 to the Commission within 30 days of confirmation of the consent agreement.