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Competition Policy News

Commission’s ports probe to place spotlight on Transnet’s economic impact

By: Mia Breytenbach     23rd September 2016 State-owned logistics company Transnet, which owns all commercial ports in South Africa and is the sole operator of the country’s container and automotive terminals, has naturally had a major influence over port operations and terminal handling charges. However, that role and dominance has often... 

Tribunal confirms R2.9m settlement with Ben Jacobs Metals

By: Megan van Wyngaardt     22nd September 2016 The Competition Tribunal on Thursday confirmed a R2.9-million settlement agreement between the Competition Commission and scrap metal dealer Ben Jacobs Metals. 

Flooring installation wins safety award

By: Kimberley Smuts     16th September 2016 Kevin Bates Albert Carpets (KBAC) Flooring was awarded its second Master Builders Association (MBA) North Safety Trophy in July for installing the flooring of petrochemicals group Sasol’s new head offices in Sandton, Johannesburg. KBAC Flooring supplied and installed Interface carpet tile. The... 

Flooring installation wins safety award
Photo by Bloomberg
SAFE ENVIRONMENT FOR ALL Every company and person working on site needs to be aware of and trained in health and safety and regulations

CompComm’s case against Power Construction for collusive tendering stays

By: Megan van Wyngaardt     2nd September 2016 Power Construction and its subsidiary, Power Construction (Western Cape), were unsuccessful in their bid to have a collusive tendering complaint, filed by the Competition Commission with the Competition Tribunal in December 2014, withdrawn. The matter involves a 2006 South African National Roads... 

Retailers lose their bid to delay a hearing into lease agreements

By: Megan van Wyngaardt     2nd September 2016 The Competition Tribunal has rejected an application by retailers Shoprite Checkers, Pick n Pay and Spar Group to delay a hearing into an application brought by Massmart objecting to exclusivity in lease agreements with landlords with regards to its Game stores. The three retailers argued before... 

Retailers lose their bid to delay a hearing into lease agreements

New cartel law untested, criminalisation a ‘red-flagged risk’

By: Natasha Odendaal     31st August 2016 The criminalisation of cartel conduct remains untested territory in South Africa, leaving room for interpretation along with a period of major challenges ahead. The new law’s promulgation under the Competition Act on May 1, introducing criminal and individual liability in cartel behaviour, added... 

Italtile seeks tribunal’s intervention in merger

By: Megan van Wyngaardt     12th August 2016 Italtile has filed a request for consideration with the Competition Tribunal, as it was strongly opposed to the Competition Commission’s ruling, in July, which prohibited the group’s proposed acquisition of Ceramic Industries and Ezee Tile Adhesive Manufacturers. The commission found that there... 

Italtile to oppose commission’s finding on merger

By: Megan van Wyngaardt     29th July 2016 Italtile on Friday said it was strongly opposed to the Competition Commission’s ruling, prohibiting Italtile Group’s proposed acquisition of Ceramic Industries and Ezee Tile Adhesive Manufacturers. 

CompComm prohibits tiles and sanitaryware merger

By: Megan van Wyngaardt     28th July 2016 The Competition Commission has prohibited Italtile Group’s proposed acquisition of Ceramic Industries and Ezee Tile Adhesive Manufacturers, as it found that there would be no viable alternatives for competitors in the downstream retail market. The commission added that the merged entity could... 

Edible fats producer fined R35m for anticompetitive behaviour

By: Megan van Wyngaardt     21st July 2016 The Competition Tribunal has confirmed a consent agreement between edible fats and oils producer Sime Darby Hudson Knight and the Competition Commission, in terms of which Sime Darby agreed to pay a R35-million fine for anticompetitive behavior between 2004 and 2013. The commission had received a... 

South African, European competition commissions ink MoU

By: Natasha Odendaal     23rd June 2016 The South African Competition Commission and the European Commission’s Directorate-General for Competition have signed a deal to strengthen cooperation in competition law enforcement between the two agencies. The memorandum of understanding (MoU), cemented this week in Brussels, unlocked... 

Transparency vital to lowering compliance risks in Africa

By: Schalk Burger     10th June 2016 While better communications with affected parties and less vacillation in mandates are improving the perceptions of national and regional competition and regulatory authorities, businesses must still be vigilant regarding compliance issues, as penalties can be severe, says global law firm Baker &... 

Transparency vital to lowering compliance risks in Africa
VANI CHETTY A company needs to proactively assess their own compliance requirements and engage in active compliance efforts

South Africa must grow its small business community – economist  

By: Ilan Solomons     31st May 2016 It is impossible for South Africa to be economically successful without a much bigger, more vibrant small business community. It is an area of the economy that has huge potential to create many much-needed job opportunities, financial services provider Stanlib economist Kevin Lings told attendees... 

South Africa must grow its small business community – economist
Stanlib economist Kevin Lings discusses the importance of the small business sector to the future of the South African economy. Video and editing: Darlene Creamer 31.5.2016

Criminalisation of cartel conduct comes into effect

By: Sane Dhlamini     17th May 2016 With effect from May 1, 2016, price fixing, market allocation and collusive tendering between actual and potential competitors could result in criminal liability for directors or managers.  This was discussed at legal services firm Webber Wentzel’s breakfast seminar, held on Tuesday in Sandton,... 

Criminalisation of cartel conduct comes into effect
Photo by Webber Wentzel
Webber Wentzel Partner, Daryl Dingley

CompComm publishes preliminary LPG market inquiry findings

By: Samantha Herbst     10th May 2016 The Competition Commission has published the preliminary findings and proposed recommendations of the liquefied petroleum gas (LPG) market inquiry for public comment.   Among the findings is the commission’s concern about structural impediments to competition, which could hinder the growth of the... 

CompComm publishes preliminary LPG market inquiry findings

Sanral takes aim at collusion-accused construction companies 

By: Natasha Odendaal     10th May 2016 The South African National Roads Agency Limited (Sanral) has lodged civil damages claims with the Gauteng Local Division High Court against the construction firms the competition authorities had investigated for collusive conduct. Seven construction firms and joint ventures had been served papers... 

Sanral takes aim at collusion-accused construction companies

Quality of cement imports questionable, says industry body

By: Nadine James     29th April 2016 Cement and concrete advisory body The Concrete Institute (TCI) MD Bryan Perrie is concerned about the quality and metrology of cement imports. He explains that all cement has to be certified by a body approved by the National Regulator for Compulsory Standards (NRCS)  as being compliant with... 

Quality of cement  imports questionable,  says industry body
BRYAN PERRIE The Concrete Institute MD says sample tests have shown that some cement imports are of an inferior quality.

SA growth likely worst in sub-Saharan Africa – report

By: News24Wire      27th April 2016 South Africa is likely to be the worst performer in sub-Sahara Africa (SSA) with a projected gross domestic product (GDP) expansion of 0.7% this year. This is according to the latest outlook for the region by FocusEconomics. 

SA growth likely worst in sub-Saharan Africa – report

Heat exchanger market worth $21.8M by 2019

     8th April 2016 India-based market research company Markets and Markets (M&M) predict that the heat exchanger market will be worth $21.08-million by 2019 owing to demand increase from Europe and Asia. The exchanger market report conducted by M&M is based on heat exchanger types such as shell and tube, plate and... 

Heat exchanger market worth $21.8M by 2019
MARKET DEMAND TO INCREASE A large number of emerging manufacturers is expected to drive the heat exchanger market in future

Tribunal requests additional information from commission in construction application

By: Anine Kilian     24th March 2016 The Competition Tribunal has issued an order for the Competition Commission to file supplementary applications relating to three companies that the commission wants added as parties to two complaints relating to the Gautrain rapid rail link project and the Lesotho Highlands Water Project. The... 

Tribunal requests additional information from commission in construction application

Tribunal dismisses poultry 'merger' application

By: News24Wire      24th March 2016 The Competition Tribunal on Thursday dismissed with costs an application by Sovereign Foods regarding what it alleged to constitute a merger by its competitor Country Bird Group. Sovereign Foods is a producer of fresh and frozen chicken portions. Country Bird is a competitor and a direct and... 

Tribunal dismisses poultry 'merger' application

Airline industry group joins European inquiry into aviation aftermarket support and services

By: Keith Campbell     24th March 2016 The European Commission’s (EC’s) investigation into allegations that aviation original-equipment manufactures (OEMs) have abused their dominant market positions has been joined, in the role of a complainant, by the International Air Transport Association (Iata). The association announced this on... 

Airline industry group joins European inquiry into aviation aftermarket support and services
Photo by IATA
Tony Tyler

Why medical aid costs are soaring in SA

By: News24Wire      1st March 2016 Private hospital and specialists’ fees need to be regulated to contain costs for medical scheme members, according to the Board of Healthcare Funders (BHF). These fees take the “lion’s share” of members’ contributions, BHF Executive Director Dr Humphrey Zokufa told the Competition Commission’s... 

Why medical aid costs are soaring in SA

Tribunal hearings continue into alleged price-fixing in wire industry

By: Natasha Odendaal     27th January 2016 A years-long battle over allegations of a price-fixing cartel in the galvanised wire and wire products industry continued this week as the Competition Tribunal sat down to hear arguments from wire and wire products manufacturers Allens Meshco and Cape Gate, along with ten others. The companies,... 

Tribunal hearings continue into alleged price-fixing in wire industry

Competition Tribunal lifts conditions on Zimco, Atlantis merger

By: Samantha Herbst     21st January 2016 The Competition Tribunal has approved a request by South African industrial and base metals producer Zimco Group to lift certain conditions imposed by the Competition Commission in 2014, when it approved the merger of Zimco and lead anodes producer Atlantis Metals. At the time of the merger,... 

Competition Tribunal lifts conditions on Zimco, Atlantis merger

Cliffe Dekker Hofmeyr secures top spot in M&A deal value rankings

By: Creamer Media Reporter      15th January 2016 Law firm Cliffe Dekker Hofmeyr on Friday said its mergers and acquisition (M&A) team had achieved first place by deal value for South African firms in Mergermarket M&A Africa and Middle East 2015 Global League Tables for Africa and the Middle East. The group also secured twelfth place... 

Cliffe Dekker Hofmeyr secures top spot in M&A deal value rankings

Commission gives SABMiller, Coke deal preliminary approval

By: Reuters     18th December 2015 SABMiller and Coca-Cola's proposed deal to combine their operations that mix, bottle and distribute soft drinks in Africa, cleared a major hurdle on Thursday after South Africa's competition watchdog gave its preliminary approval. SABMiller and Coca-Cola agreed in November 2014 to team up to... 

Commission gives SABMiller, Coke deal preliminary approval

Murray & Roberts slapped with R64m fine

By: African News Agency      11th December 2015 The Competition Commission of South Africa on Thursday confirmed it had issued a R64.1-million fine to construction giant Murray & Roberts for its involvement in sector collusion related to construction projects for the 2010 World Cup. “Yesterday [on Wednesday], the competition tribunal confirmed... 

Murray & Roberts slapped with R64m fine

Easigas, Reatile merger gets conditional green light

By: Natasha Odendaal     10th December 2015 The Competition Commission has approved, with conditions, a proposed tie-up between liquefied petroleum gas (LPG) suppliers Easigas and Reatile Gaz. The duo aimed to merge their respective Southern African operations to create a “truly regional player” with improved efficiencies and reliability... 

Easigas, Reatile merger gets conditional green light

Sun International’s takeover of Peermont blocked

By: Natasha Odendaal     10th December 2015 The proposed R9.43-billion takeover of gaming and hotel company Peermont Group by JSE-listed resort hotel group Sun International has been denied in a move the Competition Commission says will prevent decreasing competition in an already concentrated market. Sun International had planned to... 

S Africa, Namibia competition authorities cement cooperation

By: Natasha Odendaal     12th November 2015 South Africa’s Competition Commission and its Namibian counterpart this week inked a deal to formalise and promote cooperation in competition law and policy enforcement within the two Southern African countries. The memorandum of understanding, said to be the first of its kind in Africa, cemented... 

S Africa confident of Agoa suspension reversal by year-end

By: Natasha Odendaal     6th November 2015 The Department of Trade and Industry (DTI) is confident the US will reverse its decision to suspend some of South Africa’s African Growth and Opportunity Act (Agoa) benefits before the restrictions are implemented by the end of the year. Trade and Industry Minister Dr Rob Davies said on Friday... 

S Africa confident of Agoa suspension reversal by year-end

Competition Tribunal approves Wesbank, Hollard JV

By: Megan van Wyngaardt     29th October 2015 The Competition Tribunal has approved a joint venture by Hollard Insurance and FirstRand (WesBank), called Newco, to provide vehicle financing, as well as insurance and noninsurance motor value-added products (VAP). While the matter was heard on Wednesday, judgment was held over to Thursday to... 

Competition Tribunal approves Wesbank, Hollard JV

Tribunal chair urges caution on potential Competition Act transgressions

By: Natalie Greve     28th October 2015 Competition Tribunal chairperson Norman Manoim has urged chartered secretaries and compliance officers to exercise caution during their governance of a company’s corporate activity, telling the Chartered Secretaries Southern Africa’s seventh yearly Corporate Governance Conference, on Wednesday,... 

Tribunal chair urges caution on potential Competition Act transgressions

Sasol submits affidavit to Constitutional Court

By: David Oliveira     23rd October 2015 Petrochemicals group Sasol submitted an affidavit in August to the Constitutional Court in response to an application made by the Competition Commission in July for leave to appeal the Competition Appeal Court’s (CAC’s) June ruling to overturn a Competition Tribunal finding, which resulted in... 

Totalgaz to buy KayaGas’s LPG assets

By: Megan van Wyngaardt     22nd October 2015 Liquid petroleum gas (LPG) company Totalgaz Southern Africa has signed an agreement to buy LPG bulk and cylinder distribution company KayaGas’s storage, filling and distribution assets. The transaction was subject to the approval of the South African Competition Commission. KayaGas, under a new... 

IPPs could have legal case for lack of grid access – Competition Commission 

By: Natalie Greve     20th October 2015 Independent power producers (IPPs) active in South Africa could well have a legal case against energy utility Eskom, should the parastatal be found to have breached the ambits of the Competition Act by denying them access to the national electricity grid to distribute power to third parties, the... 

IPPs could have legal case for lack of grid access – Competition Commission
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