Competition Commission v Today's Destiny Trading and Project 81 CC and Another (CR079Aug16/SA166Nov16) [2016] ZACT 112 (30 October 2016)

Competition Commission v Today's Destiny Trading and Project 81 CC and Another (CR079Aug16/SA166Nov16) [2016] ZACT 112 (30 October 2016)

The Tribunal found that the conduct of Today's Destiny Trading and Project 81 CC and Raite Security Services and Consulting CC amounted to collusive tendering, in contravention of section 4(1)(b)(i) and (iii) of the Competition Act. The evidence included identical pricing, supporting documents, and shared resources. Today's Destiny admitted the contravention and agreed to cooperate with the Commission, refrain from future cartel conduct, and implement compliance training. The Tribunal was satisfied that the settlement agreement was appropriate and in line with the Act, including the administrative penalty of R50,000, and confirmed the agreement as an order, concluding all proceedings...

Citation
[2016] ZACT 112
Parties
Applicant: Competition Commission; Respondent: Today's Destiny Trading and Project 81 CC; Respondent: Raite Security Services and Consulting CC
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
30 October 2016
Case Number
CR079Aug16/SA166Nov16
Procedural Posture
Settlement Application / Settlement Agreement Confirmation
Outcome
Settlement agreement confirmed as an order of the Tribunal; administrative penalty imposed; proceedings between the Commission and Today's Destiny concluded.
Judges
N Manoim, A Wessels, M Mokuena
Legal Topics
Collusive Tendering, Administrative Penalty, Section 4 1 B Violation, Settlement Agreement, Future Conduct Undertakings
Competition Law Collusive Tendering Administrative Penalty Section 4 1 B Violation Settlement Agreement Future Conduct Undertakings

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Parties

Competition Commission

Applicant

Today's Destiny Trading and Project 81 CC

Respondent

Raite Security Services and Consulting CC

Respondent

Procedural Posture

Settlement Application / Settlement Agreement Confirmation

Legal Issues

  1. 1 Whether Today's Destiny Trading and Project 81 CC and Raite Security Services and Consulting CC contravened section 4(1)(b)(i) and (iii) of the Competition Act by collusive tendering.
  2. 2 Whether the settlement agreement between the Commission and Today's Destiny 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 the conduct of Today's Destiny Trading and Project 81 CC and Raite Security Services and Consulting CC amounted to collusive tendering, in contravention of section 4(1)(b)(i) and (iii) of the Competition Act. The evidence included identical pricing, supporting documents, and shared resources. Today's Destiny admitted the contravention and agreed to cooperate with the Commission, refrain from future cartel conduct, and implement compliance training. The Tribunal was satisfied that the settlement agreement was appropriate and in line with the Act, including the administrative penalty of R50,000, and confirmed the agreement as an order, concluding all proceedings...

Court Disposition

Settlement agreement confirmed as an order of the Tribunal; administrative penalty imposed; proceedings between the Commission and Today's Destiny concluded.

Orders

  • The settlement agreement between the Competition Commission and Today's Destiny Trading and Project 81 CC is confirmed as an order of the Tribunal.
  • Today's Destiny Trading and Project 81 CC must pay an administrative penalty of R50,000 within 12 months from the date of confirmation.