MacNeil Agencies (Pty) Ltd v Competition Commission (121/CACJul12)
MacNeil Agencies (Pty) Ltd v Competition Commission (121/CACJul12) [2013] ZACAC 3; [2013] 2 CPLR 416 (CAC) (18 November 2013)
The court found, on a balance of probabilities, that MacNeil Agencies participated in three meetings in 2007 with other pipe manufacturers where price-fixing proposals were discussed and agreed. Although MacNeil's representatives claimed to be passive and did not expressly agree, their failure to publicly distance themselves from the collusive proposals created a reasonable impression of assent. The court applied the doctrine of quasi-mutual assent and held that MacNeil's conduct amounted to an 'agreement' as defined in the Competition Act. However, the court found that the administrative pen…
Source excerpt
- Price Fixing
- Administrative Penalty
- Agreement Definition
- Cartel Liability
- Mitigating Factors