Competition Commission of South Africa v RSC Ekusasa Mining (Pty) ltd and Others (65/CR/Sep09)
Competition Commission of South Africa v RSC Ekusasa Mining (Pty) ltd and Others (65/CR/Sep09) [2012] ZACT 82; [2012] 2 CPLR 296 (CT) (19 September 2012)
The Tribunal found that DSI and Videx contravened section 4(1)(b)(iii) of the Competition Act by engaging in collusive tendering in respect of Anglo Platinum reverse auctions in 2005. Although the collusive agreements were entered into before the cut-off date for prescription, the effects of the collusion—namely, the maintenance of prices and supply arrangements—persisted beyond the cut-off date, as evidenced by ongoing sales and contracts with Anglo Platinum. The Tribunal rejected the respondents' argument that collusive tendering is a once-off event, holding that the practice continues as l…
Source excerpt
- Collusive Tendering
- Bid Rigging
- Prescription Of Prohibited Practices
- Administrative Penalty
- Affected Turnover
- Section 4 Competition Act