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Date of release: 1 May 2020
TRIBUNAL APPROVES 3RD CONSENT AGREEMENT
RELATING TO COVID-19 EXCESSIVE PRICING MATTERS
 
Gauteng fresh produce supplier agrees to donate hand sanitisers worth R1800 to hospital in Tembisa after being accused of excessive pricing 
 
A supplier of fresh produce in Kempton Park, Gauteng, has agreed to donate hand sanitisers to the Tembisa Provincial Hospital, after being accused by the Competition Commission of charging excessive prices for hand sanitisers.
 
In a consent agreement entered into with the Commission, Evergreens Fresh Market has agreed to make the donation to the hospital, but it has not admitted liability i.e. it has not admitted guilt.  
 
The agreement states: “Evergreens Fresh Market enters into this Consent Agreement to avoid protracted litigation and nothing in this Consent Agreement should be construed as an admission of liability for the alleged contravention of the Act by Evergreens Fresh Market.”
 
In terms of the agreement Evergreens will, among others, immediately reduce its margin on hand sanitizers and donate hand sanitisers valued at R1800 (one thousand eight hundred rand).
 
The value of the donation, according to the agreement, is equal to the total amount “overcharged” for 45 units of hand sanitisers, according to the Commission.
 
The Commission found that Evergreens’ average margin in respect of hand sanitisers for March 2020 was approximately 33.4%. The Commission said that this was not reasonable – adding that it deems, as reasonable, the average margins of hand sanitisers (from a number of retailers) to be between 20% and 25%. 
 
This is the third consent agreement – relating to alleged excessive pricing in the context of COVID-19 – to be approved as an order of the Tribunal. The first two agreements related to face masks and surgical gloves, respectively.
 
Issued by:

Gillian de Gouveia, Communications Officer
On behalf of the Competition Tribunal of South Africa
Tel: +27 (0) 12 394 1383
Cell: +27 (0) 82 410 1195
E-Mail: GillianD@comptrib.co.za
Twitter: @comptrib
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ctsa@comptrib.co.za

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