South African Local Government Association and Another v Competition Commission and Others (017194 - 017269, 017319-017376, 017384) [2013] ZACT 92; [2013] 2 CPLR 585 (CT) (19 September 2013)

South African Local Government Association and Another v Competition Commission and Others (017194 - 017269, 017319-017376, 017384) [2013] ZACT 92; [2013] 2 CPLR 585 (CT) (19 September 2013)

The Tribunal held that the applicants failed to demonstrate a material interest not adequately represented by the Commission, as required by section 53(1)(a)(iv) of the Competition Act. The applicants' concerns regarding penalty levels and the treatment of non-disclosed projects were already addressed by the Commission, and mere dissatisfaction with the Commission's approach does not establish inadequate representation. The Tribunal further found that, even if the applicants had locus standi, they were not entitled to access the Commission's investigation record, as consent order proceedings are summary and limited to documents presented at the hearing. The applicants did not substantiate...

Citation
[2013] ZACT 92
Parties
Applicant: South African Local Government Association; Applicant: Gauteng Provincial Government; Respondent: Competition Commission; Respondent: Murray & Roberts Ltd; Respondent: WBHO Construction (Pty) Ltd; Respondent: Stefanutti Stocks Holdings Ltd; Respondent: Aveng (Africa) Ltd; Respondent: Basil Read Holdings (Pty) Ltd; Respondent: Haw & Inglis Civil Engineering (Pty) Ltd; Respondent: Giuricich Bros Construction (Pty) Ltd; Respondent: Vlaming (Pty) Ltd; Respondent: G Liviero & Son Building (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
19 September 2013
Case Number
017194 - 017269, 017319-017376, 017384
Procedural Posture
Urgent Application / Application to Intervene in Consent Order Proceedings
Outcome
Application to intervene dismissed. No order as to costs.
Judges
Norman Manoim, Yasmin Carrim, Takalani Madima
Legal Topics
Consent Orders, Intervention Rights, Administrative Penalties, Locus Standi, Public Interest, Collusive Tendering
Competition Law Civil Procedure Consent Orders Intervention Rights Administrative Penalties Locus Standi Public Interest Collusive Tendering

Case Brief

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Parties

South African Local Government Association

Applicant

Gauteng Provincial Government

Applicant

Competition Commission

Respondent

Murray & Roberts Ltd

Respondent

WBHO Construction (Pty) Ltd

Respondent

Stefanutti Stocks Holdings Ltd

Respondent

Aveng (Africa) Ltd

Respondent

Basil Read Holdings (Pty) Ltd

Respondent

Haw & Inglis Civil Engineering (Pty) Ltd

Respondent

Giuricich Bros Construction (Pty) Ltd

Respondent

Vlaming (Pty) Ltd

Respondent

G Liviero & Son Building (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application to Intervene in Consent Order Proceedings

Legal Issues

  1. 1 Whether the applicants have a material interest not adequately represented by the Commission to justify intervention in consent order proceedings.
  2. 2 Whether the applicants are entitled to access the Commission's investigation record and documents submitted by respondents.
  3. 3 Whether the consent agreements are shockingly inappropriate or irrational, warranting Tribunal interference.

Ratio Decidendi

The Tribunal held that the applicants failed to demonstrate a material interest not adequately represented by the Commission, as required by section 53(1)(a)(iv) of the Competition Act. The applicants' concerns regarding penalty levels and the treatment of non-disclosed projects were already addressed by the Commission, and mere dissatisfaction with the Commission's approach does not establish inadequate representation. The Tribunal further found that, even if the applicants had locus standi, they were not entitled to access the Commission's investigation record, as consent order proceedings are summary and limited to documents presented at the hearing. The applicants did not substantiate...

Court Disposition

Application to intervene dismissed. No order as to costs.

Orders

  • The applications for intervention by the South African Local Government Association and Gauteng Provincial Government are dismissed.
  • No order as to costs is made.