Omnico (Pty) Limited and Another v Competition Commission and Others (142/CAC/JUNE 16; 143/CAC/JUNE 16; : CR049 JULY 2012)
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)
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…
Source excerpt
- Horizontal Agreements
- Price Fixing
- Cartel Liability
- Passive Participation
- Administrative Penalty
- Competition Act Section 4