Competition Commission v Sanitech a division of Waco Africa (Pty) Ltd (CO047Jun20) [2020] ZACT 65 (2 June 2020)
- Citation
- [2020] ZACT 65
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Competition Tribunal
- Panel
- Enver Daniels, Andiswa Ndoni, AW Wessels
- Case number
- CO047Jun20
More details
- Court
- Competition Tribunal
- Panel
- Enver Daniels, Andiswa Ndoni, AW Wessels
- Case number
- CO047Jun20
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Tribunal finds that the consent agreement entered into between the Competition Commission and Sanitech is in accordance with the provisions of the Competition Act and serves the public interest. There is no opposition to the confirmation of the agreement, and the Tribunal is satisfied that the terms are appropriate. Accordingly, the consent agreement is confirmed as an order of the Tribunal.
Court disposition
Consent agreement confirmed as an order of the Tribunal.
Orders
- The consent agreement between the Competition Commission and Sanitech- A Division of Waco Africa (Pty) Ltd is confirmed as an order of the Tribunal.
02
Material facts
Parties
Competition Commission
ApplicantSanitech- A Division of Waco Africa (Pty) Ltd
Respondent03
Procedural history
Posture
Consent Order / Final
04
Questions and positions
Legal issues
Whether the consent agreement between the Competition Commission and Sanitech should be confirmed by the Tribunal.
Party arguments
- Applicant
- The Competition Commission submits that the consent agreement reached with Sanitech addresses the alleged contraventions of the Competition Act and is in the public interest. The Commission requests the Tribunal to confirm the agreement as an order.
- Respondent
- Sanitech agrees to the terms of the consent agreement as negotiated with the Competition Commission and does not oppose its confirmation by the Tribunal.
05
Court’s reasoning
Legal principles
- 01
Section 49D of the Competition Act, 89 of 1998
The Tribunal may confirm a consent agreement entered into between the Commission and a respondent if it is just and in the public interest.
06
Ratio, limits and disposition
Ratio decidendi
The Tribunal finds that the consent agreement entered into between the Competition Commission and Sanitech is in accordance with the provisions of the Competition Act and serves the public interest. There is no opposition to the confirmation of the agreement, and the Tribunal is satisfied that the terms are appropriate. Accordingly, the consent agreement is confirmed as an order of the Tribunal.
Court disposition
Consent agreement confirmed as an order of the Tribunal.
- The consent agreement between the Competition Commission and Sanitech- A Division of Waco Africa (Pty) Ltd is confirmed as an order of the Tribunal.
Source and reliance status
Competition Tribunal
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Competition Tribunal
Order
COMPETITION
TRIBUNAL REPUBLIC OF SOUTH AFRICA
Case No: CO047Jun20
In the matter between:
The Competition Commission Applicant
And
Sanitech- A Division of Waco Africa (Pty) Ltd Respondent
Panel: Enver Daniels (Presiding Member) Andiswa Ndoni (Tribunal Member) AW Wessels (Tribunal Member)
Considered in chambers on: 2 July 2020
Decided on: 2 July 2020
Consent Order
The Tribunal hereby confirms the consent agreement as agreed to and proposed by the Competition Commission and Sanitech- A Division of Waco Africa (Pty) ltd hereto attached as 'Annexure A'
Enver Daniels Presiding Member
Concurring: Mr AW Wessels and Ms A Ndoni
Date: 2 July 2022
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