UNILEVER’S APPLICATION FOR IMMUNITY CANNOT BE USED
AS EVIDENCE AGAINST IT – TRIBUNAL ORDER
The Tribunal has today ordered that Unilever South Africa’s application for leniency (immunity) will not be included as evidence against it in the market division case against the company.
This, after the Competition Commission brought an application to have the leniency application included as evidence in the trial.
Full reasons for the Tribunal's order will be issued in due course.
In terms of the Commission’s Corporate Leniency Policy, companies can approach the competition body to seek immunity from prosecution.
Unilever SA applied for leniency in 2014. The Commission subsequently denied the application and is proceeding with the market division case against it.
The Commission alleges that Unilever SA and Sime Darby Hudson Knight (Sime Darby) entered into an agreement/arrangement from 2004 – 2013 to divide markets by allocating specific types of goods and customers in contravention of the Competition Act.
Both companies are involved in the manufacture and supply of bakery and cooking products, including edible oils and margarine.
Sime Darby entered into a settlement agreement with the Commission in 2016, admitting that it had concluded an agreement to divide markets. It agreed to pay an administrative penalty of R35-million.