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Date of release: 27 February 2018
OUTCOME OF CASES HEARD BY THE TRIBUNAL
ON WEDNESDAY, 27 FEBRUARY 2019
Type of matter Parties involved Competition Commissions Recommendation to Tribunal Tribunal Decision
Settlement agreement Competition Commission And South African Broadcasting Corporation (SABC) SOC Ltd Confirm agreement as an order of the Tribunal Confirmed as an order
Settlement agreement Competition Commission And Primedia (Pty) Ltd Confirm agreement as an order of the Tribunal Confirmed as an order
Settlement agreement Competition Commission And Ster-Kinerkor Theatres (Pty) Ltd Confirm agreement as an order of the Tribunal Confirmed as an order
Settlement agreement Competition Commission And Carpe Diem Media (Pty) Ltd Confirm agreement as an order of the Tribunal Confirmed as an order
Large merger Pepkor (Pty) Ltd and FGI Holdings (Pty) Ltd Approve without conditions Approved without conditions
Large merger Cream Magenta 140 (Pty) Ltd and Metcap 14 (Pty) Ltd And Southern View Finance Holdings (Pty) Ltd and Century Capital (Pty) Ltd Approve without conditions Approved without conditions
Large merger SM Holdco (Pty) Ltd And Smartmatta (Pty) Ltd Approve without conditions Approved without conditions

Tribunal confirms agreements between Commission, media firms in price fixing case
 
The Tribunal has confirmed the agreements between the Commission and four media companies: SABC, Primedia, Ster Kinekor Theatres and Carpe Diem Media. The contents of the separate agreements are summarised below:
 
MEDIA COMPANY ADMINISTRATIVE PENALTY ADDITIONAL REMEDIES
 
SABC
R31 845 795.33
  • 25% bonus advertising space for Qualifying Small Agencies for a three-year period, capped at R40 000 000 annually.
  • R17 797 645.97 contribution to the Economic Development Fund (EDF)
 
PRIMEDIA
R9 605 884.64
  • 25% bonus advertising space for Qualifying Small Agencies for a three-year period capped at R24 000 000 annually.
  • R3 458 118.47 contribution to the EDF
STER KINEKOR THEATRES R436 999.90
  • 25% bonus advertising space for Qualifying Small Agencies for a three-year period capped at R1 000 000 annually.
  • R157 319.96 contribution to the EDF
CARPE DIEM MEDIA R4 808.95
  • 25% bonus advertising space for Qualifying Small Agencies for a three-year period capped at R70 000 annually.
  • R1 731.22 contribution to the EDF

According to the settlements, the media companies admit to involvement in price-fixing and the fixing of trading conditions in contravention of the Competition Act.
 
The settlements follow a Commission investigation launched in 2011.  It found that various media companies, through Media Credit Co-Ordinators (MCC), agreed to offer similar discounts and payment terms to accredited and non-accredited advertising agencies that place advertisements with MCC members. Accredited advertising agencies were offered a discount of 16.5% for all payments within a 45-day period from the date of the statement whereas non-accredited advertising agencies were only offered a discount of 15%.
 
The companies, as MCC members, also agreed to employ the services of an intermediary company called Corex to perform risk assessments on advertising agencies for purposes of imposing the above settlement discount structure and terms on advertising agencies.
Pepkor (Pty) Ltd and FGI Holdings (Pty) Ltd
 
In this transaction, Pepkor acquires FGI Holdings. The Commission earlier recommended that the proposed merger be approved without conditions.
 
Pepkor controls companies such as Tekkie Town and Pep. Pepkor is ultimately owned by Steinhoff International N.V. Pepkor holdings operates its business in four operational segments which include clothing and general merchandise; furniture, appliances and electronics; building materials; and financial services. Steinhoff operates across several sectors including furniture, general merchandise clothing, consumer electronics, financial services.
 
FGI Holdings controls three firms, one of them being Abacus Insurance Limited. FGI is controlled by Wands Investment (Pty) Ltd. FGI, through its Abacus businesses, provides credit insurance and funeral policies.
 
 
Cream Magenta 140 (Pty) Ltd and Metcap 14 (Pty) Ltd And Southern View Finance Holdings (Pty) Ltd and Century Capital (Pty) Ltd
 
This is a simple merger in the financial services sector in terms of which investment holding companies Cream Magenta and Metcap seek to acquire loan claims against Southern View and the unsecure lending books owned by CenCap.

The Commission earlier recommended that the proposed transaction be approved without conditions, as the merger presents no competition or public interest concerns.
 
SM Holdco (Pty) Ltd and Smartmatta (Pty) Ltd
 
In this large merger, SM Holdco acquires Smartmatta. The Commission earlier recommended that the transaction be approved without conditions.
 
SM Holdco has no activities as it was established for the proposed transaction. The company is jointly controlled by Corvest 12 (Pty) Ltd and Anthill Mid Cap Fund I (Pty) Ltd. Corvest is ultimately controlled by FirstRand Ltd.
SmartMatta provides on-site waste management solutions, off-site recycling facilities, supply chain and logistics and advisory services to a diversified and blue-chip customer base.
Gillian de Gouveia
Communications Officer
Tel: +27 (0) 12 394 1383
Cell: +27 (0) 82 410 1195
E-Mail: GillianD@comptrib.co.za
Twitter: @comptrib
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