Competition Commission v Zedek Trading 799 CC (07/CR/Mar10) [2010] ZACT 42; [2010] 2 CPLR 287 (CT) (7 July 2010)

Competition Commission v Zedek Trading 799 CC (07/CR/Mar10) [2010] ZACT 42; [2010] 2 CPLR 287 (CT) (7 July 2010)

The Tribunal confirmed the settlement agreement between the Competition Commission and Zedek Trading 799 CC. Zedek admitted to contravening section 4(1)(b)(iii) of the Competition Act by engaging in collusive tendering with Anix Trading 739 CC for a government tender. The Tribunal accepted Zedek's admission and its undertaking to refrain from future contraventions. The Tribunal ordered Zedek to pay an administrative penalty of R40,000 within 90 days, which is to be paid to the National Revenue Fund. The confirmation of the settlement agreement concludes all proceedings between the Commission and Zedek in relation to this contravention.

Citation
[2010] ZACT 42
Parties
Applicant: Competition Commission; Respondent: Zedek Trading 799 CC
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
7 July 2010
Case Number
07/CR/Mar10
Procedural Posture
Settlement Confirmation / Order Confirming Settlement Agreement
Outcome
Settlement agreement confirmed as an order of the Tribunal. Administrative penalty imposed.
Judges
N Manoim, Y Carrim, A Wessels
Legal Topics
Collusive Tendering, Administrative Penalty, Settlement Agreement, Contravention of Competition Act
Competition Law Collusive Tendering Administrative Penalty Settlement Agreement Contravention of Competition Act

Case Brief

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Parties

Competition Commission

Applicant

Zedek Trading 799 CC

Respondent

Procedural Posture

Settlement Confirmation / Order Confirming Settlement Agreement

Legal Issues

  1. 1 Whether Zedek Trading 799 CC contravened section 4(1)(b)(iii) of the Competition Act by engaging in collusive tendering with Anix Trading 739 CC.
  2. 2 Whether the settlement agreement between the Competition Commission and Zedek Trading 799 CC should be confirmed as an order of the Tribunal.
  3. 3 Whether Zedek Trading 799 CC is liable for an administrative penalty under the Competition Act.

Ratio Decidendi

The Tribunal confirmed the settlement agreement between the Competition Commission and Zedek Trading 799 CC. Zedek admitted to contravening section 4(1)(b)(iii) of the Competition Act by engaging in collusive tendering with Anix Trading 739 CC for a government tender. The Tribunal accepted Zedek's admission and its undertaking to refrain from future contraventions. The Tribunal ordered Zedek to pay an administrative penalty of R40,000 within 90 days, which is to be paid to the National Revenue Fund. The confirmation of the settlement agreement concludes all proceedings between the Commission and Zedek in relation to this contravention.

Court Disposition

Settlement agreement confirmed as an order of the Tribunal. Administrative penalty imposed.

Orders

  • The settlement agreement between the Competition Commission and Zedek Trading 799 CC is confirmed as an order of the Tribunal.
  • Zedek Trading 799 CC shall pay an administrative penalty of R40,000 within 90 days of confirmation of this order.