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Date of release: 14 November 2018
OUTCOME OF CASES HEARD BY THE TRIBUNAL ON 14 NOVEMBER 2018
Type of matter Parties involved Competition Commissions Recommendation to Tribunal Tribunal Decision
Settlement agreement Competition Commission and Scott Bader (Pty) Ltd Confirm the settlement agreement as an order of the Tribunal Confirmed
Settlement agreement Competition Commission and TWK Milling (Pty) Ltd Confirm the settlement agreement as an order of the Tribunal Confirmed
Settlement agreement Competition Commission and Women on Board CC and Landee Cleaning Services CC Confirm the settlement agreement as an order of the Tribunal Confirmed
Tribunal confirms settlement with Scott Bader
 
Today the Competition Tribunal confirmed a settlement agreement between the Competition Commission and Scott Bader (Pty) Ltd as an order of the Tribunal. In the agreement Scott Bader admits that it contravened the Competition Act by agreeing, with NCS Resin (Pty) Ltd, not to target each other’s customers and not to supply customers who had overdue accounts with either or both of them. Scott Bader and NCS Resin also agreed not to undercut each other in dealings with mutual customers.
 
Scott Bader applied for leniency, in terms of the Commission’s corporate leniency policy, for its part in this agreement. Therefore the Commission did not request that an administrative penalty be imposed on Scott Bader. However Scott Bader undertakes to implement a competition law compliance programme within the firm and commits to refrain from further contraventions of the Competition Act.
 
Wheat milling settlement confirmed by Competition Tribunal
 
Today the Competition Tribunal confirmed a settlement agreement between the Competition Commission and TWK Milling (Pty) Ltd in which TWK Milling admitted that it colluded with its competitors to fix the price of milled wheat products. The Commission initiated its investigation against TWK Milling and others in 2007 and has since concluded 10 settlement agreements with parties in this case.
 
In the settlement agreement TWK Milling confirms that the conduct has ceased and agrees to pay a penalty of R1 845 863.75 for its part. The Commission is proceeding with its case against the remaining respondents, Westra Milling and Paramount Mills, and the Tribunal expects to hear these matters in April 2019.
 
Collusive tendering settlement confirmed by Competition Tribunal
 
Earlier today the Competition Tribunal confirmed settlements between the Competition Commission, Landee Cleaning Services CC and Women on Board CC. The two parties admitted that they colluded on a 2014 tender issued by the City of Cape Town for mowing public spaces, road reserves and cemeteries. Women on Board agreed to pay a penalty of R4 476.60 and Landee agreed to pay a penalty of R19 019.48.
Nandi Mokoena
Acting Communications Officer
Tel: (0) 12 394 1383
Cell: +27 (0) 82 399 1328
Twitter: @comptrib
E-Mail: NandisileM@live.co.za
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