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Competition Policy News

New fruit cider promotes competition, local production 

By: Mia Breytenbach     6th March 2015 Having introduced a new cider category to the South African alcoholic beverage market in 2014, Sweden-based cider producer Rekorderlig aims to encourage innovation and stimulate production in this new cider category in the near future where, much like the Craft Beer revolution, as consumers’... 

Commission refers three cases of alleged collusive tendering against GVK

4th March 2015 The Competition Commission on Wednesday referred three cases of alleged collusive tendering against construction company GVK Siyazama to the Competition Tribunal. The commission requested that a maximum penalty of 10% of GVK’s yearly turnover in respect of each contravention be imposed. 

Commission refers three cases of alleged collusive tendering against GVK

CIDB calls 15 construction companies to a formal inquiry 

By: Megan van Wyngaardt     4th March 2015 South Africa’s Construction Industry Development Board (CIDB) has summoned 15 construction companies to appear before an independent investigating committee for a formal inquiry in April. Following its own investigation into collusive practices in the construction industry, the industry body this... 

CIDB calls 15 construction companies to a formal inquiry

Commission refers alleged collusion case against NPC to tribunal 

By: Creamer Media Reporter      24th February 2015 South Africa’s Competition Commission has referred a case of alleged indirect price fixing and market division against Natal Portland Cement Cimpor (NPC) to the Competition Tribunal for prosecution. The referral followed the commission’s investigation, between 2008 and 2012, of alleged collusive... 

Commission refers alleged collusion case against NPC to tribunal

Bidvest moves to acquire 100% interest in Adcock Ingram

By: Megan van Wyngaardt     23rd February 2015 JSE-listed Adcock Ingram has resolved to terminate its existing black economic-empowerment (BEE) transaction and replace it with a new, more sustainable BEE structure. The company noted that, given its depressed share price, the Adcock A and Adcock B ordinary shares held by BEE shareholders were... 

Bidvest moves to acquire 100% interest in Adcock Ingram

Tribunal hears construction sector settlement agreements

By: Megan van Wyngaardt     19th February 2015 The Competition Tribunal on Wednesday heard four settlement agreements between the Competition Commission and South African construction companies, which disclosed that they were involved in collusive activities with regard to cover pricing and tender agreements. On February 1, 2011, the... 

Tribunal hears construction sector settlement agreements

Competition authorities should balance public interest, competition considerations in merger decisions

By: Natasha Odendaal     6th February 2015 As the Competition Commission obtains and mulls the inputs in response to its recently published draft guidelines on public interest decisions in merger considerations, stakeholders have warned that public interest issues should not predominate at the expense of competition concerns. The draft... 

Competition authorities should balance public interest, competition considerations in merger decisions

Commission invites public input on private healthcare sector

By: Megan van Wyngaardt     5th February 2015 South Africa’s Competition Commission on Thursday invited the public to give their input on the submissions made to the commission by the private healthcare sector, as part of a market inquiry into the sector. In January last year, the commission launched the market inquiry into the sector, as it... 

Commission invites public input on private healthcare sector

Wire industry cartel hearing postponed pending appeal decision

By: Natalie Greve     26th January 2015 A Competition Tribunal hearing into alleged cartel activity and price-fixing by several companies in the wire and wire products manufacturing industry was again postponed on Monday pending a decision by the Competition Appeal Court (CAC). Respondents Allens Meshco, Wireforce, Hendok, Independent... 

Wire industry cartel hearing postponed pending appeal decision

CompComm admonishes Allens Meshco respondents for ‘abuse of process’

By: Natalie Greve     23rd January 2015 The Competition Commission has castigated the respondents of a case involving alleged price-fixing in the wire and wire products manufacturing industry, accusing the companies of “abuse of process” by attempting to stall a Competition Tribunal hearing into the alleged cartel activity. The... 

CompComm admonishes Allens Meshco respondents for ‘abuse of process’

Competition Tribunal to hear wire, nail price-fixing cartel allegations

By: Natasha Odendaal     19th January 2015 The Competition Tribunal would this week hear the Competition Commission’s allegations of a price-fixing cartel in the galvanised wire and wire products industry, as well as in the nail supply sector. Wire and wire products manufacturers Allens Meshco, Wireforce, Hendok, Independent Galvanising... 

Competition Tribunal to hear wire, nail price-fixing cartel allegations

Plastics industry plans growth initiative 

By: David Oliveira     16th January 2015 Industry association Plastics South Africa (Plastics SA) will develop implementation and operation plans for four industry initiatives aimed at stimulating growth in the plastics industry in March. Plastics SA executive director Anton Hanekom tells Engineering News that the first initiative,... 

Plastics industry plans growth  initiative
Plastics SA executive director Anton Hanekom discusses the plastics industry’s growth initiatives.

Commission vetos Gallagher Convention Centre deal

By: Natalie Greve     6th January 2015 The Competition Commission has prohibited the proposed merger of Atterbell Investment – trading as Gallagher Convention Centre (GCC) – and Hosken Consolidated Investment (HCI), saying on Tuesday that the transaction would lessen competition in the local exhibition and venue industry. If approved,... 

Commission vetos Gallagher Convention Centre deal

CompComm recommends tribunal approval of DiData, MWEB merger

By: Natalie Greve     11th December 2014 The Competition Commission has, following a commission meeting on Tuesday, recommended to the Competition Tribunal that the merger between information technology services group Dimension Data (DiData) and the three divisions of Internet service provider MWEB be approved, with conditions. In terms... 

CompComm recommends tribunal approval of DiData, MWEB merger

CompComm publishes admin penalties guidelines for public comment

By: Natalie Greve     10th December 2014 Following engagements with several stakeholders which stressed the need for the development of rules governing administrative penalties, the Competition Commission has published for public comment draft guidelines for the determination of administrative penalties for prohibited practices.  The... 

CompComm publishes admin penalties guidelines for public comment

New book provides comprehensive guide to South Africa’s IP law

By: Sashnee Moodley     5th December 2014 Specialist intellectual property (IP) law firm Spoor & Fisher in collaboration with the Anton Mostert Chair of IP at Stellenbosch University in Cape Town, launched its new IP textbook, titled Dean & Dyer: Introduction to Intellectual Property Law, in Pretoria last month. 

Cable company to pay R80m for collusion

By: Sapa     4th December 2014 Electric cable manufacturing company ATC has agreed to pay R80.7-million in an agreement with the Competition Commission after admitting to collusion, the Competition Tribunal said on Wednesday. The settlement agreement was confirmed as an order of the tribunal on Wednesday, spokesperson Nandi... 

Cable company to pay R80m for collusion

SA R&D expenditure not yet on target  

By: Natasha Odendaal     3rd December 2014 While South Africa improved its spending on research and development (R&D) during 2012/13 and halted the “worrying” contractions experienced in 2009/10 and 2010/11, the nation had failed to achieve its years-long target of spending 1% of gross domestic product (GDP) on R&D. With the release of... 

SA R&D expenditure not yet on target
Science & Technology Minister Naledi Pandor discusses South Africa's spending on research and development. Recorded: 04.12.14. Camerawork: Nicholas Boyd. Videoediting: Shane Williams.

Competition Commission refers another alleged collusion case to the tribunal

20th November 2014 The Competition Commission would refer a case against Isipani Construction to the Competition Tribunal for its alleged involvement in collusive tendering for the building of the 2010 FIFA World Cup stadia. This followed an investigation of the firms that did not participate in the Construction... 

Competition Commission refers another alleged collusion case to the tribunal

Commission grants Aberdare Cables immunity from prosecution

By: Natalie Greve     14th November 2014 Power Technologies subsidiary Aberdare Cables has, in accordance with the Competition Commission’s corporate leniency policy, applied for leniency and been granted conditional immunity against prosecution by the Competition Tribunal in respect of a commission investigation into certain alleged... 

Commission grants Aberdare Cables immunity from prosecution

South Africa begins waking up to the economic potential of waste recycling

By: Schalk Burger     14th November 2014 South Africa lost an estimated R17-billion worth of resources through disposal of waste to landfill in 2012, while the effects of resource scarcity and resource constraints are increasing globally. However, the value to the economy of additional recycling or recovery – including the avoided... 

South Africa begins waking up to the economic potential of waste recycling

Metair assures shareholders it has no connection to collusion investigation

By: Natasha Odendaal     20th October 2014 JSE-listed Metair Investments on Monday assured shareholders that no member of its group had been implicated or listed in connection with the Competition Commission’s investigation into alleged collusion within the South African automotive component industry. The commission this month said it... 

Commission eyes reopening of supermarkets investigation

By: Natasha Odendaal     7th October 2014 The Competition Commission was mulling the reopening of an investigation into exclusivity clauses placed within long-term lease agreements between owners of large retail shopping centres and retail anchor tenants across the country after complaints from commercial property owners. The South... 

Commission eyes reopening of supermarkets investigation

Patel appoints acting Competition Commission deputies

By: Natasha Odendaal     6th October 2014 Two acting deputy commissioners for the Competition Commission have been appointed for a six-month term starting October 1, as a process for permanent appointments for these roles continued. Economic Development Minister Ebrahim Patel reappointed Advocate Oliver Josie, who had been serving as... 

Patel appoints acting Competition Commission deputies

Govt mulls boosting divestiture, pricing powers of competition bodies 

By: Terence Creamer     4th September 2014 Economic Development Minister Ebrahim Patel has hinted to further amendments to South Africa’s Competition Act – changes that could increase the powers of the competition authorities to influence the industrial structure of the economy through forced divestiture and pricing remedies. Addressing... 

Govt mulls boosting divestiture, pricing powers of competition bodies
Photo by Duane Daws
Economic Development Minister Ebrahim Patel

Competition Commission sets new date for LPG market inquiry 

By: Natasha Odendaal     15th August 2014 The Competition Commission planned to deliver the results of a liquefied petroleum gas (LPG) market inquiry by March 2016 – six months later than anticipated. The market inquiry, which would now kick off on September 15, had initially been scheduled to start in June and conclude by October 2015. 

Competition Commission sets new date for LPG market inquiry

European court cuts Sasol wax cartel fine

By: Natasha Odendaal     14th July 2014 The European General Court has more than halved a 2008 fine incurred by Sasol Wax for its involvement in the European paraffin wax cartel. Sasol Wax’s penalty of €318.2-million, said at the time to be the biggest fine imposed on a South African company, was reduced by €168.22-million to... 

European court cuts Sasol wax cartel fine

Supplier development strategy spurs creation of new maize miller

By: Schalk Burger     11th July 2014 Financial services firm Barclays Africa local subsidiary Absa provided a R8.2-million loan and South African retail giant Massmart provided a 10 000 t-a-year offtake agreement that enabled a new maize miller to enter the South African market. The new miller, Lethabo Milling, will provide 830 t of... 

Poultry association welcomes antidumping duties against EU countries

By: Natasha Odendaal     7th July 2014 The South African Poultry Association (Sapa) has welcomed antidumping action taken by the International Trade and Administration Commission of South Africa (Itac) against European Union (EU) countries found dumping poultry products in South Africa. Preliminary antidumping duties were instituted... 

Poultry association welcomes antidumping duties against EU countries

Intellectual property specialist calls for copyright law amendment

By: Schalk Burger     6th June 2014 As intellectual property (IP) is increasingly becoming the basis of modern economies, with many tangible benefits of ideas and developments no longer directly linked to physical products, South Africa’s copyright law needs to be amended to provide improved protection for innovators, says legal... 

Construction industry, government in bid to mend ‘catastrophically’ damaged relations 

By: Terence Creamer     9th April 2014 A formal process has been initiated in an effort to rebuild trust that had been “catastrophically” destroyed between government and the construction industry in the wake of revelations of widespread collusion, Murray & Roberts (M&R) CEO Henry Laas has revealed. He said it would be premature to... 

Construction industry, government in bid to mend ‘catastrophically’ damaged relations
Photo by Duane Daws
Murray & Roberts CEO Henry Laas

Commission unearths power-cable collusion, refers case to tribunal

By: Terence Creamer     19th March 2014 A Competition Commission investigation, initiated in 2010 into power cables companies, has unearthed cartel conduct by four firms and its findings have been referred to Competition Tribunal for adjudication. The probe, which included a May 6, 2010, search-and-seizure operation, concluded that... 

Commission unearths power-cable collusion, refers case to tribunal
Photo by Duane Daws
Meetings were often held when there were significant input price changes

50% termination rates cut seen lowering retail prices 

By: Schalk Burger     21st February 2014 The 50% reduction in the mobile termination rates between telecommunications firms to 20c a minute will promote increased competition in the rest of the industry, which could help to lower retail prices and increase access to services, says Internet services firm Internet Solutions cloud and... 

Commission approves R1bn sale of Modderfontein property to Chinese investor

By: Natalie Greve     28th January 2014 The Competition Commission has, with conditions, approved the sale of explosives and chemicals company AECI’s vacant land in Modderfontein to Chinese diversified property development company Shanghai Zendai Property. The transaction involved the acquisition of about 1 600 ha of land and the... 

Commission approves R1bn sale of Modderfontein property to Chinese investor

Competition Commission ushers in new execs

By: Natalie Greve     13th January 2014 The Competition Commission has appointed Liberty Mncube chief economist and manager of the policy and research division, Junior Khumalo divisional manager of enforcement and exemptions and Thomas Kgokolo CFO, effective January 1, it announced on Monday. Most recently a principal investigator in... 

Competition Commission ushers in new execs
Incoming Competition Commission chief economist Liberty Mncube

Tribunal to consider Nestlé, Aspen deal

By: Natalie Greve     5th December 2013 The Competition Tribunal is next week set to hear a case relating to the proposed acquisition of Pfizer Nutrition’s baby milk range of products by Aspen Nutritionals and will hear testimony from 17 witnesses, as well as a representative of the Competition Commission, on the possible impact of... 

Tribunal to consider Nestlé, Aspen deal

Health inquiry terms of reference gazetted

By: Sapa     29th November 2013 The Competition Commission has gazetted the terms of reference for the market inquiry into private healthcare, it said on Friday. This was in accordance with the provisions of the Competition Act, which state that an inquiry can start 20 business days after gazetting. 

Health inquiry terms of reference gazetted

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