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Case Alert: Tribunal dismisses cartel case alleging collusive tendering between Fraser Alexander and Paragon Tailings

2026-08-26

Notice

The following Case Alert serves as an explanatory note to assist the media in reporting on this case and is not binding on the Competition Tribunal or any member of the Tribunal

Lead Text

The Tribunal has dismissed a cartel case alleging collusive tendering between Fraser Alexander (Pty) Ltd and Paragon Tailings (Pty) Ltd, finding that the Competition Commission did not establish that these two firms had entered into an agreement or concerted practice amounting to collusive tendering...

Type of matter

not applicable

Parties involved

not applicable

Tribunal Decision

not applicable

Issued By

Gillian de Gouveia
Communications Manager
Competition Tribunal of South Africa

Tel:

27123941383

Cell:

27824101195

E-Mail:

GillianD@comptrib.co.za

X (Twitter):

twitter.com/comptrib/status/1861692486839607353

LinkedIn:

za.linkedin.com/company/competition-tribunal-of-south-africa

Tribunal dismisses cartel case alleging collusive tendering between Fraser Alexander and Paragon Tailings

The Competition Tribunal has dismissed a cartel case alleging collusive tendering between Fraser Alexander (Pty) Ltd (“Fraser Alexander”) and Paragon Tailings (Pty) Ltd (“Paragon”), finding that the Competition Commission did not establish that these two firms had entered into an agreement or concerted practice amounting to collusive tendering.

The case arose from a Commission investigation into a tender issued by Sibanye-Stillwater in 2020, for remedial and related construction work at a tailings dam in Rustenburg, to manage mining waste. The Commission alleged that Fraser Alexander and Paragon had shared pricing and other information and coordinated their bids for this tender, in contravention of section 4(1)(b)(iii) of the Competition Act.