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Electronic copies
of this information may be obtained from our librarians at
help@lawlibrary.co.za or click
on the underlined hyperlink where relevant
Competition
Commission, Tribunal and
Appeal Court
-
http://www.compcom.co.za/
;
http://www.comptrib.co.za/
Competition Tribunal
17 April 2009
45/CR/May06 ;
31/CR/May05 [2009] ZACT 25
Competition Commission of South Africa v Sasol Chemical
Industries (Pty) Ltd and Others
Sasol agrees to pay R188m fine to settle fertiliser cases - 6
May
Petrochemicals giant Sasol has admitted to contravening the
Competition Act,
and agreed to pay a R188-million fine, which equals some 6% of the
turnover of the Sasol Nitro division. This agreement between
Sasol’s fertiliser unit and South Africa's
Competition Commission was subject to confirmation by the
Competition Tribunal. The Commission stated that the other
companies implicated, namely Omnia and Yara, continued to deny the
allegations of collusive conduct in continuing proceedings before
the Competition Tribunal. -
Creamer Media's
Engineering News website
Sasol to meet with Tribunal on R188m fertilizer settlement -
11 May
Petrochemicals giant Sasol will meet with the Competition Tribunal
next week to make submissions on a R188-million settlement it had
agreed to with the Competition Commission last week, regarding
uncompetitive behaviour in the fertiliser industry. The
petrochemicals producer admitted to contravening the
Competition
Act by entering into a series of agreements, arrangements and
understandings with its competitors Omnia and Yara, which had
resulted in Sasol becoming the principal supplier of limestone
ammonium nitrate to wholesale customers. -
Creamer Media's
Engineering News website
Sasol agrees to higher R250m fine after more
fertiliser breaches are unearthed - 19 May
Energy and chemicals group Sasol announced on Tuesday that, in
line with an amended agreement reached with the Competition
Commission, it had agreed to an even heftier fine of
R250,68-million to settle competition breaches involving its
fertiliser unit. Earlier, a fine of R188-million had been agreed,
but additional information was reportedly uncovered last week,
showing contraventions that had not previously been disclosed.
Sasol said in a statement that the further breaches had emerged
during the course of an ongoing investigation within its
fertiliser and phosphoric acid businesses, which had included
repeat interviews with employees and ex-employees. -
Creamer Media's Engineering News website
Competition body confirms fresh fertiliser
probe - 20 May
The Competition Commission is proceeding with a new investigation
of possible anticompetitive behaviour in the fertiliser industry,
the commission's economist and
divisional manager of policy research Dr Simon Roberts confirmed
on Wednesday. -
Creamer Media's Engineering News
website
14 April 2009
27/LM/Feb09 [2009] ZACT 24
RZT Zelpy 5506 (Pty) Ltd v Seesa Limited
1 April 2009
10/LM/Jan09 [2009] ZACT 23
Old Mutual (South Africa) Ltd v Medscheme Life Assurance Ltd
1 April 2009
12/LM/Jan09 [2009] ZACT 22
MTN Group Ltd v New Shelf 664 (Pty) Ltd
1 April 2009
16/LM/Feb09 [2009] ZACT 21
Premier Motor Holdings, a division of Imperial Group (Pty) Ltd
v Key Truck and Car (Airport) (Pty) Ltd
Competition
Appeal Court
ArcelorMittal SA to hear fine appeal verdict
Fri - 27 May
ArcelorMittal SA, the South African unit of the world's No. 1
steel maker, will know on Friday the fate of its appeal against a
fine of 691.8 million rand ($83.28 million) for charging
"excessive" prices on its flat steel products. South Africa's
Competition Appeal Court in Cape Town will decide whether to
uphold or dismiss the decision by the country's Competition
Tribunal to fine ArcelorMittal 5.5 percent of its total turnover
of 12.76 billion rand earned on flat steel in both the local and
export market during 2003. The record fine was imposed in
September, 2007 by the tribunal. -
The
Guardian website
Court's sends landmark excessive-pricing
ruling back to Competition Tribunal - 29 May
Lawyers for gold miner Harmony, which referred the complaint of
excessive pricing against ArcelorMittal South Africa to the
Competition Tribunal in 2004, expressed disappointment on Friday
with the Competition Appeal Court's decision to upheld
[sic] the steel producer's appeal
against the tribunal's 2007 finding against the company, which was
accompanied by a record fine of R691,8-million. In his 90-page
judgment, Judge Dennis Davies set aside what was the tribunal's
first-ever excessive pricing finding, but did not entirely dispose
of the matter. -
Creamer Media's Engineering News
website
ArcelorMittal S Africa wins appeal on record
fine - 29 May
The approach the tribunal took to determining what constituted
excessive pricing was "fundamentally
flawed", the three-judge panel said in
their 90-page written judgment. "Both
the decisions on the merits and order made pursuant thereto"
are set aside, the ruling said. -
Bloomberg website
ArcelorMittal wins appeal on R692m fine
- 29 May
Interview with Jean Meijer, partner, Bowman Gilfillan by Alec Hogg
on the
Moneyweb website
Disappointment over court's decision on
Mittal - 1 June
DRDGold CEO Niel Pretorius says the company will consider the
appeal court's judgment in the complaint against ArcelorMittal.
The first complaint was lodged by Harmony and DRDGold , which use
steel in their gold mines, with the Competition Commission in
2002, it was referred to the tribunal in 2004. The tribunal's
trial began in 2006 and its decision was delivered in 2007.
ArcelorMittal SA appealed last year. Nick Altini, a director at
Cliffe Dekker Hofmeyr who acted for both companies but who said he
could only speak for Harmony, said Harmony had hoped the appeal
court would make a final ruling. -
allAfrica website
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