Competition Commission welcomes court’s dismissal of Power Construction appeals
The Competition Appeal Court has dismissed Power Construction and its Western Cape subsidiary’s appeal, based on a series of technical points, including disputing the Competition Commission’s jurisdiction and the validity of its investigation.
The Competition Appeal Court on Tuesday upheld the Competition Tribunal’s August 2016 decision that the commission’s initiation had met all requirements for a valid initiation and, therefore, had jurisdiction to investigate a case of collusion against Power Construction.
The commission had referred a case of bid rigging and collusive tendering against Power Construction and Haw and Inglis to the tribunal in December 2014. Haw and Inglis, which had been awarded the contract after colluding with Power Construction, participated in the Construction Fast Track Settlement Process and admitted liability, paying an administrative penalty of R45.3-million.
This case emanated from the commission’s investigations in the construction industry in 2009 after the commission received evidence that there was pervasive collusion in the construction sector. Subsequently, given the magnitude of the cases, the commission launched the Construction Fast Track Settlement Process in February 2011 to expedite the resolution of these cases.
Under the Construction Fast Track Settlement Process, the commission has reached settlement with 22 firms found liable and the tribunal confirmed all the settlement agreements between 2013 and 2015. The combined administrative penalties levied against these firms totalled more than R1.5-billion.
Following the conclusion of the settlement, the commission referred 19 cases against firms that opted not to settle, including the case against Power Construction to the tribunal.
“The Competition Appeal Court judgment paves the way for the prosecution of Power Construction before the tribunal,” the commission said.
Article Enquiry
Email Article
Save Article
Feedback
To advertise email advertising@creamermedia.co.za or click here
Research Reports
Projects
Latest Multimedia
Latest News
Showroom
Complete range of security sealing solutions including security seals bags and labels.
VISIT SHOWROOM
FLANDERS Southern Africa provides integrated solutions for mining and industrial operations, covering field services, automation, electrification,...
VISIT SHOWROOM
Press Office
Announcements
What's On
Subscribe to improve your user experience...
Option 1 (equivalent of R125 a month):
Receive a weekly copy of Creamer Media's Engineering News & Mining Weekly magazine
(print copy for those in South Africa and e-magazine for those outside of South Africa)
Receive daily email newsletters
Access to full search results
Access archive of magazine back copies
Access to Projects in Progress
Access to ONE Research Report of your choice in PDF format
Option 2 (equivalent of R375 a month):
All benefits from Option 1
PLUS
Access to Creamer Media's Research Channel Africa for ALL Research Reports, in PDF format, on various industrial and mining sectors
including Electricity; Water; Energy Transition; Hydrogen; Roads, Rail and Ports; Coal; Gold; Platinum; Battery Metals; etc.
Already a subscriber?
Forgotten your password?
Receive weekly copy of Creamer Media's Engineering News & Mining Weekly magazine (print copy for those in South Africa and e-magazine for those outside of South Africa)
➕
Recieve daily email newsletters
➕
Access to full search results
➕
Access archive of magazine back copies
➕
Access to Projects in Progress
➕
Access to ONE Research Report of your choice in PDF format
RESEARCH CHANNEL AFRICA
R4500 (equivalent of R375 a month)
SUBSCRIBEAll benefits from Option 1
➕
Access to Creamer Media's Research Channel Africa for ALL Research Reports on various industrial and mining sectors, in PDF format, including on:
Electricity
➕
Water
➕
Energy Transition
➕
Hydrogen
➕
Roads, Rail and Ports
➕
Coal
➕
Gold
➕
Platinum
➕
Battery Metals
➕
etc.
Receive all benefits from Option 1 or Option 2 delivered to numerous people at your company
➕
Multiple User names and Passwords for simultaneous log-ins
➕
Intranet integration access to all in your organisation
