Competition Commission of South Africa v Afrion Property Services CC and Others (CR245Mar17) [2021] ZACT 79 (15 January 2021)
Court
Competition Tribunal
Case number
CR245Mar17
Judges
Yasmin Carrim, AW Wessels, Medi Mokuena
The Tribunal found Belfa Fire and Cross Fire liable for long-running collusive tendering, price fixing and market division, but dismissed the case against Tshwane Sprinklers.
Omnico (Pty) Limited and Another v Competition Commission and Others (142/CAC/JUNE 16; 143/CAC/JUNE 16; : CR049 JULY 2012) [2016] ZACAC 4; [2016] 2 CPLR 398 (CAC) (15 December 2016)
Court
Competition Appeal Court
Case number
142/CAC/JUNE 16
Judges
M Victor, Davis JP, NP Boqwana
The court found that Omnico and Coolheat attended meetings where the collective raising of recommended retail prices was discussed and agreed upon. Their failure to publicly distance themselves from the consensus reached at the September 2008 meeting, combined with subsequent price increases in line with the agreement, constituted participation in a cartel. The court held that passive attendance and silence, in the context of anti-competitive discussions, is sufficient for liability under section 4(1)(b)(i) of the Competition Act. The evidence presented by the Commission was clear, consistent…
MacNeil Agencies (Pty) Ltd v Competition Commission (121/CACJul12) [2013] ZACAC 3; [2013] 2 CPLR 416 (CAC) (18 November 2013)
Court
Competition Appeal Court
Case number
121/CACJul12
Judges
Davis, Victor, Rogers
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…
