South Africa Case Law

Power Construction (West Cape) (Pty) Ltd and Another v Competition Commission of South Africa (145/CAC/Sep16)

Power Construction (West Cape) (Pty) Ltd and Another v Competition Commission of South Africa (145/CAC/Sep16) [2017] ZACAC 6; [2017] 2 CPLR 589 (CAC) (2 May 2017)

Court

Competition Appeal Court

Case number

145/CAC/Sep16

Judges

Davis JP, Vally, Makgoba

The court held that the Competition Commission's complaint initiation on 1 September 2009 was valid and included the appellants by reference to 'other firms' in the construction industry. The appellants voluntarily disclosed their involvement in the prohibited practice in response to the Commission's invitation, and were properly added to the complaint. The court found that the prohibited practice of collusive tendering did not cease with the award of the tender, but continued until the final payment was made on 17 February 2009. Since the initiation of the complaint occurred within three yea…

Source excerpt

• Collusive Tendering
• Prescription Under Competition Act
• Administrative Penalty
• Complaint Initiation
• Cover Pricing

Competition Commission v BJ Transport Management Services (Pty) Lts t/a Advance Transport (CO139Oct16)

Competition Commission v BJ Transport Management Services (Pty) Lts t/a Advance Transport (CO139Oct16) [2016] ZACT 110; [2016] 2 CPLR 610 (CT) (9 November 2016)

Court

Competition Tribunal

Case number

CO139Oct16

Judges

A Wessels, A Ndoni, M Mazwai

The Competition Tribunal confirmed a consent agreement after Advance Transport admitted 198 instances of collusive tendering and cover pricing.

• Collusive Tendering
• Cover Pricing
• Administrative Penalty
• Section 4 1 B Contravention
• Consent Agreement
• Compliance Programme

Competition Commission v Power Construction (West Cape) (Pty) and Others; In re: Power Construction (West Cape) (Pty) and Another v Competition Commission (CR166Dec14)

Competition Commission v Power Construction (West Cape) (Pty) and Others; In re: Power Construction (West Cape) (Pty) and Another v Competition Commission (CR166Dec14) [2016] ZACT 87 (25 August 2016)

Court

Competition Tribunal

Case number

CR166Dec14

Judges

Y Carrim, M Mokuena, A Wessels

The Tribunal found that the September 2009 complaint initiation by the Competition Commission was valid and sufficiently broad to include Power Construction (West Cape) (Pty) Ltd under the category of 'other firms' in the construction industry. The jurisprudence from the Supreme Court of Appeal and Competition Appeal Court confirms that the Commission need not know all parties at the outset and may amend its complaint as further information becomes available. The Tribunal held that the effects of the collusive tendering continued until at least the final payment in February 2009, so the compl…

Source excerpt

• Collusive Tendering
• Cover Pricing
• Jurisdiction Of Tribunal
• Prescription Of Complaints
• Successor Liability
• Characterisation Of Conduct

Competition Commission v Isipani Construction (Pty) Ltd and Another (CR128Nov14)

Competition Commission v Isipani Construction (Pty) Ltd and Another (CR128Nov14) [2016] ZACT 88; [2016] 2 CPLR 516 (CT) (18 July 2016)

Court

Competition Tribunal

Case number

CR128Nov14

Judges

A Wessels, M Mokuena, A Roskam

Isipani Construction admitted to two separate instances of cover pricing with Neil Muller Construction, constituting contraventions of section 4(1)(b) of the Competition Act. The Tribunal found that each instance was a distinct infringement but, in the interest of fairness and proportionality, imposed a single administrative penalty for both. The Tribunal applied the six-step penalty determination process, using Isipani's total turnover for the financial year ended 30 June 2012 as the basis. The base amount was set at 12% of turnover, discounted from the upper bound due to the lack of direct…

Source excerpt

• Collusive Tendering
• Cover Pricing
• Administrative Penalty
• Corporate Leniency Policy
• Bid Rigging

AGS Frasers International (Pty) Ltd v Competition Commission; Competition Commission v AGS Frasers International (Pty) Ltd; In re: Competition Commission v AGS Frasers International (Pty) Ltd and Another (CR025MAY15, DEF098AUG15, EXC099JUL15)

AGS Frasers International (Pty) Ltd v Competition Commission; Competition Commission v AGS Frasers International (Pty) Ltd; In re: Competition Commission v AGS Frasers International (Pty) Ltd and Another (CR025MAY15, DEF098AUG15, EXC099JUL15) [2016] ZACT 25; [2016] 1 CPLR 55 (CT) (7 April 2016)

Court

Competition Tribunal

Case number

CR025MAY15, DEF098AUG15, EXC099JUL15

Judges

Norman Manoim, Yasmin Carrim, Mondo Mazwai

The Tribunal upheld parts of AGS Frasers’ exception and strike-out applications, refused default judgment, and ordered the Commission to provide further particulars.

• Collusive Tendering
• Cover Pricing
• Pleading Requirements
• Prescription
• Without Prejudice Settlement
• Default Judgment

Competition Commission v Key Moves CC (CO227Feb16)

Competition Commission v Key Moves CC (CO227Feb16) [2015] ZACT 146 (25 August 2015)

Court

Competition Tribunal

Case number

CO227Feb16

Judges

N Manoim, I Valodia, F Tregenna

The Competition Tribunal confirmed a consent agreement in which Key Moves CC admitted collusive tendering by cover pricing and accepted a penalty and compliance obligations.

• Collusive Tendering
• Administrative Penalty
• Cover Pricing
• Section 4 1 B Iii
• Compliance Programme
• Collusive-tendering

Competition Commission v Civcon Construction (Pty) Ltd (019786)

Competition Commission v Civcon Construction (Pty) Ltd (019786) [2014] ZACT 82 (19 November 2014)

Court

Competition Tribunal

Case number

019786

Judges

M Mazwai, M Mokuena, F Tregenna

The Competition Tribunal confirmed a consent agreement in which Civcon admitted collusive tendering with a competitor and accepted a penalty plus compliance undertakings.

• Collusive Tendering
• Administrative Penalty
• Cover Pricing
• Losers Fee
• Section 4 1 B Iii
• Competition Compliance Programme

Competition Commission v Tubular Technical Construction (Pty) Ltd (017046)

Competition Commission v Tubular Technical Construction (Pty) Ltd (017046) [2013] ZACT 72 (22 July 2013)

Court

Competition Tribunal

Case number

017046

Judges

N Manoim, Y Carrim, T Madima

The Competition Tribunal confirmed a consent agreement in which Tubular admitted collusive tendering and accepted a R2,634,667 administrative penalty.

• Collusive Tendering
• Bid Rigging
• Administrative Penalty
• Consent Agreement
• Cover Pricing
• Collusive-tendering