Jul 04, 2012
Tribunal hands down penalties in plastic cartel caseBack
Engineering|Africa|Marley|Pipe|Pipes|Systems|Africa|Mining|Pipes|Plastic Pipe Products|Products|Systems|Gazelle Plastics|Michelle Harding|Pipe
© Reuse this
Andrag and Petzetakis Africa were also found guilty of engaging in price-fixing, allocation and collusive tendering of their plastic pipe products.
The testimony of Petzetakis MD Michelle Harding resulted in an 80% discount for the company, which was penalised R9.92-million, while Andrag received no penalty, after the Competition Commission found the group’s involvement to be limited in that a representative who attended one meeting, was unaware of the collusive purpose of the meeting.
DPI Plastics received immunity from prosecution in terms of the commission’s corporate leniency policy.
The tribunal dismissed the case against Gazelle Plastics and Gazelle Engineering.
A total of R31-million, R7.6-million and R5-million penalties have been settled by Marley Pipe Systems, Swan Plastics and Flo-Tek Pipes & Irrigation, respectively.
The case was referred to the tribunal in 2009 after the Competition Commission found that DPI Plastics, Marley Pipe Systems, Petzetakis Africa, Swan Plastics, Amitech South Africa, Flo-Tek Pipes & Irrigation, Andrag, Gazelle Plastics, Gazelle Engineering and MacNeil Agencies fixed prices, rigged tenders and divided markets by allocating contracts and customers.
“Enforcement against cartels requires more [Michelle] Hardings who are willing to take a moral stand and, as she put it in her testimony, ‘stop the cancer’,” the Tribunal said in its ruling.
The commission claimed that this cartel activity stretched back from before the Competition Act came into force, until 2007.
The respondents comprised manufacturers and suppliers of pipe products, which collectively enjoyed the major share of the market. The pipe products were used for plumbing and in the civil engineering, mining and agricultural sectors in South Africa.
Edited by: Mariaan Webb© Reuse this Comment Guidelines (150 word limit)
Recent Research Reports
Defence 2014: A review of South Africa's defence industry (PDF Report)
Creamer Media’s Defence 2014 report examines South Africa’s defence industry, with particular focus on the key participants in the sector, the innovations that have come out of the sector, local and export demand, South Africa’s controversial multibillion-rand...
Road and Rail 2014: A review of South Africa's road and rail infrastructure (PDF report)
Creamer Media’s Road and Rail 2014 report examines South Africa’s road and rail transport system, with particular focus on the size and state of the country’s road and rail network, the funding and maintenance of these respective networks, and the push to move road...
Real Economy Year Book 2014 (PDF Report)
This edition drills down into the performance and outlook for a variety of sectors, including automotive, construction, electricity, transport, steel, water, coal, gold, iron-ore and platinum.
Real Economy Insight: Automotive 2014 (PDF Report)
This four-page brief covers key developments in the automotive industry over the past 12 months, including an overview of South Africa’s automotive market, trade figures, production and the policies influencing the sector.
Real Economy Insight: Construction 2014 (PDF Report)
This five-page brief covers key developments in the construction industry over the past 12 months. It provides an overview of the sector and includes details of employment in the sector, infrastructure and municipal spending, as well as insight into companies’...
Real Economy Insight: Electricity 2014 (PDF Report)
This five-page brief covers key developments in the electricity industry over the past 12 months, including details of State-owned power utility Eskom’s generation activities, funding and tariffs, independent power producers and prospects for the sector.
This Week's Magazine
The broad-based black economic-empowerment (BBBEE) alignment process in the con-struction sector has begun, dur-ing which the sector codes of the Construction Sector Charter Council (CSCC) will be aligned with the revised Codes of Good Practice (CoGP), which come...
It is second time lucky for Toby Venter. Ten years ago he negotiated to buy the Kyalami racetrack, but “the deal did not materialise”.
Environmental solutions company I-Cat started construction work on its R22-million, 1 949 m2 environmentally sustainable office and warehouse facility, commissioned by I-CAT Environmental Solutions, at a launch event in October. The new sustainable I-CAT campus,...
Effective file synchronisation and sharing across an organisation’s structures can provide the basis for robust mobile-device and document management while maintaining proper backup, version control and content distribution. These are the lessons learned by complex...
Hotel group Carlson Rezidor currently holds the largest hotel pipeline in Africa with 30 hotels and 6 300 rooms under development. The hotel group develops and operates Radisson Blu in the upper upscale segment and Park Inn by Radisson in the mid-market segment. With...