Competition Commission v West Rand Cycles CC (73/CR/Jul12) [2013] ZACT 41 (30 May 2013)

Competition Commission v West Rand Cycles CC (73/CR/Jul12) [2013] ZACT 41 (30 May 2013)

The Tribunal found that West Rand Cycles CC admitted to participating in conduct that contravened section 4(1)(b)(i) of the Competition Act by engaging in price fixing and cartel activities with other cycling retailers and wholesalers. The settlement agreement included undertakings by West Rand Cycles CC to cooperate with the Commission, refrain from future contraventions, and implement compliance training. The Tribunal was satisfied that the terms of the settlement agreement were appropriate and in accordance with the Act. Accordingly, the Tribunal confirmed the settlement agreement and its annexure as an order, thereby resolving the proceedings between the Commission and West Rand...

Citation
[2013] ZACT 41
Parties
Applicant: Competition Commission; Respondent: West Rand Cycles CC
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
30 May 2013
Case Number
73/CR/Jul12
Procedural Posture
Consent Order Application / Order Confirming Settlement Agreement
Outcome
Settlement agreement confirmed as an order of the Tribunal; proceedings between the Commission and West Rand Cycles CC concluded.
Judges
N Manoim, M Mokuena, I Valodia
Legal Topics
Price Fixing, Cartel Conduct, Section 4 Competition Act, Settlement Agreement, Future Conduct Undertaking
Competition Law Price Fixing Cartel Conduct Section 4 Competition Act Settlement Agreement Future Conduct Undertaking

Case Brief

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Parties

Competition Commission

Applicant

West Rand Cycles CC

Respondent

Procedural Posture

Consent Order Application / Order Confirming Settlement Agreement

Legal Issues

  1. 1 Did West Rand Cycles CC contravene section 4(1)(b)(i) of the Competition Act by participating in price fixing and cartel conduct?
  2. 2 Should the settlement agreement between the Commission and West Rand Cycles CC be confirmed as an order of the Tribunal?

Ratio Decidendi

The Tribunal found that West Rand Cycles CC admitted to participating in conduct that contravened section 4(1)(b)(i) of the Competition Act by engaging in price fixing and cartel activities with other cycling retailers and wholesalers. The settlement agreement included undertakings by West Rand Cycles CC to cooperate with the Commission, refrain from future contraventions, and implement compliance training. The Tribunal was satisfied that the terms of the settlement agreement were appropriate and in accordance with the Act. Accordingly, the Tribunal confirmed the settlement agreement and its annexure as an order, thereby resolving the proceedings between the Commission and West Rand...

Court Disposition

Settlement agreement confirmed as an order of the Tribunal; proceedings between the Commission and West Rand Cycles CC concluded.

Orders

  • The settlement agreement dated 04 April 2013 between the Competition Commission and West Rand Cycles CC is confirmed as an order of the Tribunal.
  • Annexure A dated 29 May 2013 is confirmed as part of the order.