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Competition Policy News

Commission approves sale of M&R’s infrastructure and building platform

By: Megan van Wyngaardt 6th March 2017 The Competition Commission has approved the sale of Murray and Roberts’ (M&R’s) infrastructure and building (I&B) platform to Firefly Investments 319, without conditions. M&R has undergone a significant restructuring in recent years that will result in it exiting the general building and civil... →

World Bank urges South Africa to shift investment tax incentives to more labour-intensive sectors

By: Natasha Odendaal 6th March 2017 The World Bank on Monday urged South Africa to consider “reorienting” certain investment tax incentives towards more labour-intensive sectors such as construction, manufacturing, agriculture and trade to encourage private investment and bolster job creation in the muted growth environment. This... →

Commission refers alleged collusion case against shipping line to tribunal

By: Megan van Wyngaardt 6th March 2017 The Competition Commission of South Africa has referred a case of alleged price fixing, market division and collusive tendering against Kawasaki Kisen Kaisha to the Competition Tribunal for prosecution. The commission alleged that the Japanese company, operating in South Africa, along with Mitsui... →

Extensive scope for remanufacture of locomotive components

By: Tasneem Bulbulia 3rd March 2017 Owing to substantial investment by government in imported railway locomotives in recent years, as well as its goal to prioritise localisation, heavy diesel engine and component remanufacturers Metric Automotive Engineering says there is extensive scope for the local remanufacture of locomotive... →

LOCAL IS LEKKER
South Africa’s developing its capacity to remanufacture locomotive engine components can enable it to become a hub to serve Africa

Photo by Bloomberg
LOCAL IS LEKKER South Africa’s developing its capacity to remanufacture locomotive engine components can enable it to become a hub to serve Africa

Commission refers Unilever, Sime Darby to tribunal for alleged cartel conduct

By: Megan van Wyngaardt 1st March 2017 The Competition Commission has referred a cartel case against Unilever South Africa and Sime Darby Hudson Knight to the Competition Tribunal for prosecution, for the alleged division of markets in the bakery and cooking products sector in South Africa. The commission said the two companies had,... →

Commission asks tribunal to fine banks over alleged collusion

By: Megan van Wyngaardt 15th February 2017 The Competition Commission on Wednesday referred a case of collusion against a number of international banks for alleged price fixing to the Competition Tribunal for prosecution. This follows an investigation into a case of price fixing and market allocation in the trading of foreign currency... →

PPC, AfriSam embark on second merger attempt in changed landscape

By: Natasha Odendaal 13th February 2017 Despite some tentative, mixed responses and competition authority uncertainty, PPC and AfriSam believe this is the right time for them to take another shot at merging in an environment primed for consolidation. Two years after abandoning the first attempt at a merger, PPC CEO Darryll Castle on... →

Photo by Duane Daws
PPC CEO Darryll Castle

DTI steps in with task team amid poultry industry crisis

By: Natasha Odendaal 2nd February 2017 The Department of Trade and Industry’s (DTI’s) action-focused government task team is in the process of identifying several interventions to resolve the current crisis surrounding poultry product dumping in South Africa’s market. The department is seeking out measures to boost trade,... →

Competition Commission prohibits cardboard manufacturers’ merger

By: Megan van Wyngaardt 19th January 2017 The Competition Commission has prohibited packaging manufacturer Corruseal’s proposed acquisition of Boxlee and Pride Pak, as it is likely to substantially prevent or lessen competition. Corruseal owns varying interests in several businesses, most of which operate in the industry for the... →

Proposals on potential Competition Act changes could be released this year

By: Megan van Wyngaardt 13th January 2017 Economic Development Minister Ebrahim Patel plans to release proposals regarding changes to the Competition Act during this year. In a written reply to a Parliamentary enquiry made by the Democratic Alliance’s Michael Cardo, Patel said this followed a further round of engagements with... →

Sneakers worth R8.7m seized at S Africa-Mozambique border

By: African News Agency 29th December 2016 The South African Revenue Service said on Wednesday that customs services at Lebombo border post had made a “massive seizure” of suspected counterfeit sneakers with a total value of R8.7-million early on Monday morning. A total of 9 085 pairs of sneakers carrying the Adidas brand and 1 850 pairs... →

EDD transactions adds R10.8bn to local economy

By: Ilan Solomons 21st December 2016 Settlements concluded during the year by the Economic Development Department (EDD) has resulted in R10.8-billion being released back into the local economy. This included, among others, settlements with beer and cider giant Anheuser-Busch InBev (AB InBev), carbonated soft drink producer Coca-Cola... →

Foodcorp asks for review of price-fixing charges against it

By: Megan van Wyngaardt 14th December 2016 The Competition Tribunal has given the Competition Commission until January 31, to provide clarity on some of the charges bought against one of four companies in the pelagic fish sector. The commission, in its complaint, alleged that Pioneer Fishing and local food company Foodcorp had entered... →

South Africa can learn from SADC neighbours about policy – Leon

By: Megan van Wyngaardt 12th December 2016 Despite being a small, agriculturally marginal, predominantly semi-arid, landlocked nation, Botswana has experienced rapid economic development, owing to the correct policies being in place. This, Herbert Smith Freehills Africa practice cochairperson and partner Peter Leon said, showed what can... →

Photo by Duane Daws
Herbert Smith Freehills Africa practice cochairperson and partner Peter Leon

CompComm cracks down on oils, margarine manufacturers

By: Megan van Wyngaardt 8th December 2016 The Competition Commission on Thursday conducted a search and seizure operation at the premises of five South African companies involved in the manufacture and distribution of refined edible oils, baking fats and margarine, operating in Gauteng and Kwazulu-Natal. The commission noted that it had... →

Committee concerned by lack of contracts in construction

By: Kimberley Smuts 11th November 2016 The lack of awareness among smaller, and so-called emerging building contractors in the civil engineering and construction industry about protecting their interests through proper contract documentation is alarming, says the Joint Building Contracts Committee (JBCC). “At least 100 000 people are... →

LOW STANDARD OF QUALIFICATIONS Emerging contractors lack communication and administrative skills

M&R to sell civil engineering unit as it agrees to settlement deal with government

By: Terence Creamer 13th October 2016 Construction group Murray & Roberts (M&R) has confirmed its full participation in an agreement unveiled together with government on October 11, allowing for the settlement of potential claims arising from its much-publicised transgressions of South Africa’s competition laws. In return, the... →

Photo by Duane Daws
M&R CEO Henry Laas

Construction giants reach transformative agreement with govt

By: Megan van Wyngaardt 11th October 2016 The South African Forum of Civil Engineering Contractors, together with national government, on Tuesday signed an agreement with several construction companies, including Wilson Bayly Holmes-Ovcon (WBHO), Aveng, Murray & Roberts, Group Five, Basil Read, Raubex and Stefanutti Stocks, to accelerate... →

AB InBev-SABMiller deal completes

By: African News Agency 11th October 2016 Anheuser-Busch InBev on Tuesday announced the successful completion of its multi-billion dollar merger with SABMiller. AB Inbev said the combined company would have operations in “virtually every major beer market” and an expanded portfolio that included global, multi-country and local brands,... →

Competition Commission signs MoUs with Russia, Kenya

By: Kim Cloete 7th October 2016 South Africa's Competition Commission has signed separate memoranda of understanding (MoUs) with Russia and Kenya to work together on issues of common ground. The commission will work with Russia, particularly in the fields of the pharmaceutical and automotive sectors. →

Namibia eyes balance in trade, promotes investment projects

By: Natasha Odendaal 6th October 2016 Namibia is aggressively pursuing its growth ambitions through its new development plan, the Harambee Prosperity Plan 2016 to 2020, as it heads to South African shores to rally investment and promote its potential investment projects prior to its upcoming Invest in Namibia International Conference... →

Competition Commission extends LPG market inquiry completion date

By: Megan van Wyngaardt 29th September 2016 The Competition Commission has amended the completion date for the liquefied petroleum gas (LPG) market inquiry to December 20, to allow sufficient time for it to finalise its report outlining the findings. In August 2014, the commission issued the terms of reference for the market inquiry,... →

Commission’s ports probe to place spotlight on Transnet’s economic impact

By: Mia Breytenbach 23rd September 2016 State-owned logistics company Transnet, which owns all commercial ports in South Africa and is the sole operator of the country’s container and automotive terminals, has naturally had a major influence over port operations and terminal handling charges. However, that role and dominance has often... →

Tribunal confirms R2.9m settlement with Ben Jacobs Metals

By: Megan van Wyngaardt 22nd September 2016 The Competition Tribunal on Thursday confirmed a R2.9-million settlement agreement between the Competition Commission and scrap metal dealer Ben Jacobs Metals. →

Flooring installation wins safety award

By: Kimberley Smuts 16th September 2016 Kevin Bates Albert Carpets (KBAC) Flooring was awarded its second Master Builders Association (MBA) North Safety Trophy in July for installing the flooring of petrochemicals group Sasol’s new head offices in Sandton, Johannesburg. KBAC Flooring supplied and installed Interface carpet tile. The... →

SAFE ENVIRONMENT FOR ALL
Every company and person working on site needs to be aware of and trained in health and safety and regulations

Photo by Bloomberg
SAFE ENVIRONMENT FOR ALL Every company and person working on site needs to be aware of and trained in health and safety and regulations

CompComm’s case against Power Construction for collusive tendering stays

By: Megan van Wyngaardt 2nd September 2016 Power Construction and its subsidiary, Power Construction (Western Cape), were unsuccessful in their bid to have a collusive tendering complaint, filed by the Competition Commission with the Competition Tribunal in December 2014, withdrawn. The matter involves a 2006 South African National Roads... →

Retailers lose their bid to delay a hearing into lease agreements

By: Megan van Wyngaardt 2nd September 2016 The Competition Tribunal has rejected an application by retailers Shoprite Checkers, Pick n Pay and Spar Group to delay a hearing into an application brought by Massmart objecting to exclusivity in lease agreements with landlords with regards to its Game stores. The three retailers argued before... →

New cartel law untested, criminalisation a ‘red-flagged risk’

By: Natasha Odendaal 31st August 2016 The criminalisation of cartel conduct remains untested territory in South Africa, leaving room for interpretation along with a period of major challenges ahead. The new law’s promulgation under the Competition Act on May 1, introducing criminal and individual liability in cartel behaviour, added... →

Italtile seeks tribunal’s intervention in merger

By: Megan van Wyngaardt 12th August 2016 Italtile has filed a request for consideration with the Competition Tribunal, as it was strongly opposed to the Competition Commission’s ruling, in July, which prohibited the group’s proposed acquisition of Ceramic Industries and Ezee Tile Adhesive Manufacturers. The commission found that there... →

Italtile to oppose commission’s finding on merger

By: Megan van Wyngaardt 29th July 2016 Italtile on Friday said it was strongly opposed to the Competition Commission’s ruling, prohibiting Italtile Group’s proposed acquisition of Ceramic Industries and Ezee Tile Adhesive Manufacturers. →

CompComm prohibits tiles and sanitaryware merger

By: Megan van Wyngaardt 28th July 2016 The Competition Commission has prohibited Italtile Group’s proposed acquisition of Ceramic Industries and Ezee Tile Adhesive Manufacturers, as it found that there would be no viable alternatives for competitors in the downstream retail market. The commission added that the merged entity could... →

Edible fats producer fined R35m for anticompetitive behaviour

By: Megan van Wyngaardt 21st July 2016 The Competition Tribunal has confirmed a consent agreement between edible fats and oils producer Sime Darby Hudson Knight and the Competition Commission, in terms of which Sime Darby agreed to pay a R35-million fine for anticompetitive behavior between 2004 and 2013. The commission had received a... →

South African, European competition commissions ink MoU

By: Natasha Odendaal 23rd June 2016 The South African Competition Commission and the European Commission’s Directorate-General for Competition have signed a deal to strengthen cooperation in competition law enforcement between the two agencies. The memorandum of understanding (MoU), cemented this week in Brussels, unlocked... →

Transparency vital to lowering compliance risks in Africa

By: Schalk Burger 10th June 2016 While better communications with affected parties and less vacillation in mandates are improving the perceptions of national and regional competition and regulatory authorities, businesses must still be vigilant regarding compliance issues, as penalties can be severe, says global law firm Baker &... →

VANI CHETTY A company needs to proactively assess their own compliance requirements and engage in active compliance efforts

South Africa must grow its small business community – economist

By: Ilan Solomons 31st May 2016 It is impossible for South Africa to be economically successful without a much bigger, more vibrant small business community. It is an area of the economy that has huge potential to create many much-needed job opportunities, financial services provider Stanlib economist Kevin Lings told attendees... →

Stanlib economist Kevin Lings discusses the importance of the small business sector to the future of the South African economy. Video and editing: Darlene Creamer 31.5.2016

Criminalisation of cartel conduct comes into effect

By: Sane Dhlamini 17th May 2016 With effect from May 1, 2016, price fixing, market allocation and collusive tendering between actual and potential competitors could result in criminal liability for directors or managers. This was discussed at legal services firm Webber Wentzel’s breakfast seminar, held on Tuesday in Sandton,... →

Photo by Webber Wentzel
Webber Wentzel Partner, Daryl Dingley

CompComm publishes preliminary LPG market inquiry findings

By: Samantha Herbst 10th May 2016 The Competition Commission has published the preliminary findings and proposed recommendations of the liquefied petroleum gas (LPG) market inquiry for public comment. Among the findings is the commission’s concern about structural impediments to competition, which could hinder the growth of the... →

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