Tribunal dismisses collusion case against asphalt producers
The Competition Tribunal has dismissed a complaint referral against two asphalt producers whom the Competition Commission alleged had entered into an agreement to divide markets, in contravention of the Competition Act.
In its complaint referral, the commission had alleged that Roadspan Surfaces had agreed not to set up an asphalt production plant in Gauteng in competition with Much Asphalt and, in return, would remain a customer of Much Asphalt for the supply of asphalt in the province.
According to the commission, the two companies had entered into the collusive agreement during a meeting in 2008.
In its order and reasons issued on Thursday, the tribunal said it had found that the commission had not discharged its onus to prove that a geographic market division agreement was struck between Roadspan and Much Asphalt at a meeting on May 22, 2008, as alleged by the commission.
The tribunal also found that there was no proof in relation to a possibility that an agreement was reached at a later meeting after May 22, 2008, but before July 2008.
“We find that the commission has failed to set out facts or evidence before us that would, on a balance of probabilities, sustain a contravention of Section 4(1)(b)(ii) of the Act,” said the tribunal.
Comments
The
functionality
you are trying to access is only available to subscribers.
If you are already a subscriber, you can Login Here.
If you are not a subscriber, you can subscribe now, by selecting one of the below options.
For more information or assistance, please contact us at subscriptions@creamermedia.co.za.
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