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Competition Policy News

Competition Commission seeks fine for wheat-milling cartel 

By: Creamer Media Reporter      15th March 2010 The Competition Commission has referred its findings in a wheat-milling cartel investigation against Pioneer Foods, Foodcorp, Godrich Milling, Premier Foods and Tiger Brands to the Competition Tribunal for prosecution, it announced on Monday. The Commission noted that, during its investigation... 

Tribunal conditionally approves Chlor Alkali/Botash merger

By: Loni Prinsloo     1st March 2010 South Africa's Competition Tribunal, further to the recommendation of the Competition Commission, conditionally approved the merger between Chlor Alkali Holdings (CAH) and Botswana Ash (Botash) on Friday. Initially, the Competition Commission recommended that the Tribunal prohibit the merger,... 

Tribunal ruling opens way for civil claims against SAA

By: Creamer Media Reporter      18th February 2010 A new Competition Tribunal ruling in relation to incentive schemes implemented by South African Airway (SAA) between 2001 and 2005 has paved the way for Comair and Nationwide to claim damages from the State-owned airline, the Tribunal confirmed on Thursday. It had, on Wednesday, ruled that SAA’s... 

Competition Tribunal dismisses complaint against DME 

By: Creamer Media Reporter      8th February 2010 The Competition Tribunal on Monday dismissed the complaint brought forward by mining industry electronics equipment supplier AEC Electronics against the Department of Minerals and Energy (DME). "We neither have the competence to instruct a state functionary exercising a public power to act in a... 

Comair denies price collusion allegations  

By: Creamer Media Reporter      29th January 2010 JSE-listed aviation company Comair, which operates the kulula.com and British Airways airlines in the Southern African region, has denied that there has been any collusion between local airlines around pricing for the 2010 FIFA World Cup. In a statement issued on Friday, the company “strongly... 

Court dismisses milk processors’ appeal in cartel case

     8th December 2009 The Competition Appeal Court (CAC) has again dismissed an application by milk processors Milkwood Dairy and Woodlands Dairy to have the ongoing milk cartel case against a number of milk processors, including themselves, set aside. The CAC this week dismissed an application by Milkwood and... 

Commission refers mesh wire cartel findings to Tribunal

By: Esmarie Swanepoel     3rd December 2009 The Competition Commission on Thursday referred its findings of a price fixing and market allocation cartel in the manufacturing and supply of reinforcing mesh products market to the Tribunal for adjudication. The cartel involved companies such as Aveng, trading as Steeldale Mesh, Capital Africa... 

Senwes loses Competition Tribunal appeal

By: Creamer Media Reporter      13th November 2009 The Competition Appeal Court has dismissed agricultural services company Senwes’ appeal against the Competition Tribunal’s February ruling that it had engaged in what was called a “margin squeeze”. It also rejected the Competition Commission’s cross-appeal against the finding made by the... 

C&CI says it was not aware of anti-competitive behaviour

By: Creamer Media Reporter      12th November 2009 The Cement & Concrete Institute (C&CI) on Thursday emphasised that it has never been involved in, or aware of, any anti-competitive behaviour, either in its professional capacity or on behalf of any of its cement producing members. This followed on an announcement made by Pretoria Portland... 

Public anger over cartel abuses underpins SA’s move towards criminalisation

By: Esmarie Swanepoel     30th October 2009 The Competition Amendment Bill, which was recently signed into law but was still awaiting promulgation, could change how companies regarded compliance regulation, the Competition Commission, Shan Ramburuth, told a gathering of business people on Friday. Speaking at Business Unity South Africa’s... 

Competition-related fines dent 2009 profits

By: Lindsey Berry     23rd October 2009 One-off charges, most notably competition related fines, Inzalo share-based payment expenses and remeasurement items for the Escravos gas-to-liquids project, significantly affected South African petrochemicals giant Sasol’s operating profit figures for 2009. 

Competition Commission uncovers mining cartel activity 

By: Martin Creamer     30th September 2009 South Africa's Competition Commission on Wednesday announced the uncovering of an alleged mining-supply cartel. The findings of the commission have been referred to the Competition Tribunal, which has been asked to levy a penalty of 10% on the annual turnover of three of the four firms named.  

‘Price-fixing killed the conscience of business’ – deputy Minister

By: Chanel de Bruyn     23rd September 2009 Economic Development Deputy Minister Gwen Mahlangu-Nkabinde on Wednesday expressed concern over the “merciless” way price fixing “has killed the conscience” of businesses, as well as over fraud and the mismanagement of corporate funds. She said she had difficulty in comprehending why there were... 

Tribunal chair concerned about competition in SA economy

By: Christy van der Merwe     15th July 2009 “I am not happy with the state of competition in South Africa – it is an area to be viewed with considerable concern,” said Competition Tribunal chairperson David Lewis on Wednesday. Addressing delegated gathered at the Neotel and Mail & Guardian business breakfast in Rosebank, he added that... 

Omnia defends position in Competition Commission fertilizer probe

By: Creamer Media Reporter      20th May 2009 JSE-listed chemical services company, Omnia on Wednesday said it noted the comment by the Competition Commission, linking it to the Sasol Nitro collusion investigation, which was heard at the Competition Tribunal. “Notwithstanding recent media reports, the grounds for our defence against the... 

Competition body confirms fresh fertiliser probe

By: Terence Creamer     20th May 2009 The Competition Commission is proceeding with a new investigation of possible anticompetitive behaviour in the fertiliser industry, the commission’s economist and divisional manager of policy research Dr Simon Roberts confirmed on Wednesday. Addressing a Competition Tribunal hearing into a... 

Sasol agrees to higher R250m fine after more fertiliser breaches are unearthed 

By: Terence Creamer     19th May 2009 Energy and chemicals group Sasol announced on Tuesday that, in line with an amended agreement reached with the Competition Commission, it had agreed to an even heftier fine of R250,68-million to settle competition breaches involving its fertiliser unit. Earlier, a fine of R188-million had been... 

Sasol to meet with Tribunal on R188m fertiliser settlement

By: Creamer Media Reporter      11th May 2009 Petrochemicals giant Sasol will meet with the Competition Tribunal next week to make submissions on a R188-million settlement it had agreed to with the Competition Commission last week, regarding uncompetitive behaviour in the fertiliser industry. The petrochemicals producer admitted to... 

Sasol to pay R188m fine to settle fertiliser cases

     6th May 2009 Petrochemicals firm Sasol will pay a penalty of R188-million for contravening South Africa’s competition legislation by fixing prices in the fertiliser sector. This fine is the highest settlement reached with the Competition Commission to date, and is based on 6% of the turnover of the Sasol... 

Tribunal’s Lewis appointed chair of global competition group

By: Creamer Media Reporter      5th February 2009 South African Competition Tribunal chairperson David Lewis has been appointed interim chair of the International Competition Network (ICN) steering group. Lewis would take on the role until the next ICN yearly conference, to be held in Zurich, Switzerland, in June. “During my time as chair, I... 

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