The Competition Tribunal (“Tribunal”) has granted an application by the Competition Commission (“Commission”) to amend its complaint referral (charge sheet) against Corobrik (Pty) Ltd and Bosun Structures And Precast (Pty) Ltd t/a Smartstone Kwazulu-Natal (“Smartstone”).
 
The Tribunal’s order means that the scope of the Commission’s referral, which is already before the Tribunal, will be extended to include a complaint of price fixing in addition to the existing complaint of alleged market division by allocating customers for the manufacturing and supply of bricks, pavers and blocks, in contravention of the Competition Act.
 
The Commission applied to the Tribunal to amend its referral after it said it uncovered new information during the discovery phase of the proceedings before the Tribunal. Smartstone opposed the application and Corobrik did not do so.
 
Following a hearing, the Tribunal concluded that the application for amendment of the referral must be granted and directed Smartstone to file a supplementary affidavit. The main matter will only be heard after all “pre-trial” proceedings have been concluded.
 
The Tribunal’s reasons for its decision are available at www.comptrib.co.za or through the Tribunal’s Registry office.