Professional Update
A
monthly newsletter for KZN Attorneys from the Kwazulu-Natal Law Society

1 July 2009

This professional service draws attention to current and important items of news
 and members are directed to the hosts' websites

InfoUpdate 13 of 2009
Competition Commission, Tribunal and Appeal Court

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/

Are there lawbreakers in your portfolio? - 29 June
Shareholders of JSE-listed companies will be excused for wondering if they're any sectors of the economy that aren't in danger of contravening competition law. This comes after the Competition Commission announced that it was investigating major retailers Pick n Pay, Shoprite, Massmart, Woolworths and Spar over concerns about possible anti-competitive behaviour. And it comes in the wake of concerns of competition failure in industries as diverse as cement, steel and food producers, bicycle retailers and banks. When the managers of a company contravene company law, it is their employers (shareholders) who are punished. The company can be fined as much as 10% of annual turnover, which could be a nasty shock for a shareholder in a retailer with profit margins of less than 5%. - Moneyweb website

Supermarkets to be probed - 29 June
The Competition Commission has initiated an investigation into major South African supermarket chains for possible contraventions of the Competition Act, it said. These chains included Pick n Pay, Shoprite-Checkers, Woolworths and Spar, the commission said in a statement. Together, these groups comprised more than 60 percent of the market by turnover, the statement said. The commission would also investigate the major wholesaler-retailers, Massmart and Metcash, for alleged contraventions of sections 4(1)(a), 5(1) and 8(c) of the Competition Act. According to the commission, the investigation had been prompted by concerns raised by various stakeholders and the public in general. - The Times website

SA retailers under investigation - 29 June
South Africa's Competition Commission is investigating major supermarkets over possible antitrust breaches, hitting retail stocks and raising concern about more aggressive regulation under the new government. Shares in Pick 'n Pay slid 1.8 percent after the news. Massmart dipped 0.24 percent, Woolworths edged up 0.40 percent, Spar dropped 2 percent and Shoprite, widely seen as the cheapest grocer in South Africa, rose 0.57 percent. One economist said the move was not only important for food prices - a key driver of inflation in Africa's biggest economy - but could also signal a more aggressive approach to regulation by the new government. - Moneyweb website

'Pick 'n Pay fights price-fixing' - 29 June
Pick 'n Pay has consistently fought price-fixing, the listed supermarket chain said on Monday. "We welcome any investigation or enquiry and will co-operate fully with the commission," company CEO Nick Badminton said in a statement. "Our record stands as a competitor that has consistently fought anti-competitive practices, price-fixing and collusion". - IOL website

Shoprite welcomes probe - 29 June
Shoprite-Checkers on Monday welcomed an investigation by the Competition Commission into SA supermarkets. "I have already stated four weeks ago that the Shoprite group would welcome an investigation in this regard by the minister of agriculture so that all stakeholders, especially consumers, will have a clear picture of the situation," chief executive officer Whitey Basson said in a statement. - IOL website

Spar blasts commission's probe - 29 June
Supermarket group Spar has "nothing to hide", it said on Monday. Group marketing director of Spar, Roelf Venter, told Sapa the company welcomed the commission's investigation. "Retail is the most competitive sector in South Africa so let the commission get this on the table for once and for all. Spar does not sit around tables with other retailers in discussions", Venter added. He criticised the commission's mention of long-term lease arrangements. - IOL website

Farmers welcome commission's probe - 30 June
Farmers say it is high time supermarkets are investigated for its role in inflated food prices. While the prices farmers get for their products plummet, the costs of basic foods continue to rise, several agriculture representatives said. - IOL website

Supermarket probe will address public concern - 1 July
The Competition Commission's recently announced investigation into supermarkets is not about price-fixing. Simon Susman, chief executive of Woolworths, said in a statement late on Tuesday that the commission's investigation was about "testing pro-competitive and anti-competitive effects of certain practices". - IOL website

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society