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Date of release: 6 February 2019
OUTCOME OF CASES HEARD BY THE TRIBUNAL ON 6 FEBRUARY 2019
Type of matter Parties involved Competition Commission's Recommendation to Tribunal Tribunal Decision
Settlement agreement Competition Commission and NTK Limpopo Agri (Pty) Ltd Confirm the settlement as an order of the Tribunal Settlement confirmed
Settlement agreement The Competition Commission and Fireco (Pty) Ltd Confirm the settlement as an order of the Tribunal Settlement confirmed
Settlement agreement Competition Commission and GD Irons Construction (Pty) Ltd Confirm the settlement as an order of the Tribunal Settlement confirmed
Settlement agreement Competition Commission and Bidvest Media (Pty) Ltd Confirm the settlement as an order of the Tribunal Settlement confirmed
Large merger African Rainbow Minerals Ltd and Machadorp Works Ferrochrome and Ferromanganese Division of Assmang (Pty) Ltd Approve without conditions Approved without conditions
Large merger African Equity Empowerment Investment Ltd and SAAB Grintek Technologies (Pty) Ltd Approve without conditions Approved without conditions
Large merger Ethos Fund VII and Echotel (Pty) Ltd Approve without conditions Approved without conditions

Tribunal confirms maize company’s R1.3m settlement
 
A settlement agreement between NTK Limpopo Agri (Pty) Ltd and the Commission has been confirmed as an order of the Tribunal.
 
NTKLA admits that it agreed to fix prices for white maize milled products and that it had fixed trading conditions from 1999 – 2007. NTKLA will pay an administrative penalty of R1 364 360.00.
 
The settlement comes after the Commission launched an investigation in 2007, following a leniency application by Pioneer Foods and, later, Tiger Brands. The Commission has concluded eleven settlement agreements in the matter.

Fire company to pay R2.2m penalty for cartel conduct
 
The Tribunal has confirmed, as an order, a settlement agreement between fire protection company, Fireco (Pty) Ltd, and the Commission.

Fireco – which provides local full design supply, installation and maintenance packages in relation to fire control and protection systems – admits to collusive tendering and dividing markets. It will pay an administrative penalty of R2 200 913.85.
 
Other companies have also settled in this matter and have admitted to fixing prices, dividing markets and collusive tendering. These include Fireco Gauteng (agreed to pay an administrative penalty of R909 376.29); Fire Protection Systems (agreed to a penalty of R500 000.00); and Afrion Property Services CC (agreed to a penalty of R327 201.85).

Tribunal confirms settlement with construction company, R4 million fine
 
A settlement agreement between GD Irons Construction (Pty) Ltd (GD Irons) and the Commission has been confirmed as an order of the Tribunal.
 
GD Irons admits to price fixing, dividing markets and collusive tendering. The company will pay an administrative penalty of R4 000 000 (four million rand).

A Commission investigation found, among others, that GD Irons and Giuricich Bros Construction (Giuricich) engaged in collusive tendering. Giuricich; Vlaming Construction (Pty) Ltd; Steffanutti Stocks Limited; and Edilcon Construction (Pty) Ltd have already concluded settlement agreements with the Commission in this matter.

Tribunal confirms football sports agency settlement
 
The Tribunal has confirmed a settlement agreement between Bidvest Media (Pty) Ltd and the Commission. The sports agency has agreed to, among others, pay an administrative penalty of R90 013.17.

Bidvest Media, through MSC Sports, represents footballers in the conclusion, transfer and renewal of commercial contracts and contracts with football clubs.

In 2015, the Commission investigated several companies, including Bidvest Media for fixing prices and other trading conditions. The Commission found that from at least 2003, Bidvest Media had fixed the commission charged to football players and coaches at 10% for negotiating and concluding new contracts, transfer contracts, and renewal contracts with football clubs. The Commission also concluded that Bidvest Media fixed the commission charged to football players and coaches at 20% for negotiating and concluding commercial contracts on their behalf.
African Rainbow Minerals Ltd acquires the Machadodorp Works Ferrochrome and Ferromanganese Division of Assmang (Pty) Ltd
 
The Tribunal has approved, without conditions, a proposed merger whereby African Rainbow Minerals Ltd seeks to acquire Assmang (Pty) Ltd in respect of its Machadodorp Works ferrochrome and ferromanganese division.
 
African Rainbow Minerals mines and beneficiates iron ore, manganese ore, chrome ore, platinum group metals, nickel and coal through its subsidiaries and joint ventures. It also produces manganese and chrome alloys.

The Machadodorp Work business of Assmang is active in recovering chrome ore from historical slag dumps. It is used to produce low-grade ferrochrome fines and chips. The ferrochrome fines and chips are used in stainless steel.
 
The Commission earlier found that the proposed merger does not raise any competition or public interest concerns and recommended approval without conditions.

African Equity Empowerment Investment Ltd (AEEI) acquires
SAAB Grintek Technologies (Pty) Ltd
 
The Tribunal has approved, without conditions, a proposed merger whereby African Equity Empowerment Investment Ltd – a JSE listed company controlled by Sekunjalo Investment Holdings (Pty) Ltd – seeks to acquire SAAB Grintek Technologies (Pty) Ltd.

Saab Grintek Technologies specialises in the design, supply, deployment, commissioning and maintenance of multi-technology telecommunication systems for mobile broadband and coverage solutions.

The Commission earlier recommended that the proposed transaction be approved without conditions.  

Ethos Fund VII (Pty) Ltd acquires Echotel (Pty) Ltd
 
The Tribunal has approved, without conditions, the proposed merger whereby Ethos Fund VII, a private equity investment fund that comprises both local and foreign investors, seeks to acquire Echotel, an integrator of advanced network and cloud computing services.

The Commission earlier concluded that the transaction is unlikely to prevent or lessen competition in any relevant market and recommended approval without conditions.
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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