Tribunal approves Aveng’s immunity from an administrative penalty
The Competition Tribunal has confirmed a consent agreement between construction company Aveng and the Competition Commission, which will give Aveng immunity from an administrative penalty.
The matter had been delayed for the commission to make changes to the consent agreement to include some companies which have not been listed in one of the contraventions listed in the agreement submitted to the tribunal.
Aveng was the first company to apply for immunity when the commission launched its fast-track project on February 1, 2011, and it concluded an agreement with the commission for various projects.
The fast-track process by the commission gave companies in the construction industry an opportunity to settle with the commission on favourable terms.
In return for conditional immunity, Aveng disclosed its participation in collusive tendering in a number of projects between 2004 and 2007. The commission has confirmed that Aveng has complied with the requirements set out in the leniency policy.
The projects are: the development of land for the Goedgevonden crushing project; BKM processing plant project; BKM export rail line project; Tambothi project; Pany Cove block of flats in Mossel Bay; Komati chimney project; rehabilitation of N2 Gamtoos to Van Staden bridge; rehabilitation of national road Colesberg to Springfontein, a project at South Deep mine; Hartebeesfontein water works project; and Transnet railway maintenance tenders.
The tribunal confirmed the agreement on condition that Aveng continued to cooperate with the commission.
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