COMPETITION TRIBUNAL
REPUBLIC OF SOUTH AFRICA

Case No: 23/CR/Feb09

in the matter between:

and

Panel         :				N Manoim (Presiding Member), Y Carrim (Tribunal 					Member), and A Wessels (Tribunal Member)
Heard on				31 March 2010
Decided on  :				31 March 2010

The Tribunal hereby confirms the order as agreed to and proposed by the Competition Commission and the respondent, annexed hereto marked "A".

N Manoim 
Concurring: 	 Y Carrim and A Wessels

IN THE COMPETITION TRIBUNAL OF SOUTH AFRICA

HELD AT PRETORIA
In the matter between:

									Ref: 2008Mar3595

And

SETTLEMENT AGREEMENT BETWEEN THE COMPETITION COMMISSION AND CONCRETE UNITS (PROPRIETARY) LIMITED IN REGARD TO THE ALLEGED CONTRAVENTION OF SECTIONS 4 (1) (b) (I), 4 (1) (b) (ii),(1) (b) (iii) OF THE COMPETITION ACT NO. 89 OF 1998 (AS AMENDED)

Definitions
For the purposes of this Consent Order the foiiowing definitions shall apply:

The Complaint and Complaint investigation

2.1.1. fixing the selling price of precast concrete pipes, culverts and manholes;

3.1.4.1. the prices that each would quote to customers/contractors allocated to each pther for the pre-cast concrete pipes and culverts;
3.1.4.2. the price increases and discounts to be offered to customers for the pre~cast concrete pipes and culverts; and

3.2.3.1. allocating customers/contracts amongst themselves in accordance with their agreed respective percentage market shares of the Gauteng market for precast concrete pipes and culverts; and
3.2.3.2. allocating specific territories within Gauteng to which each firm would supply precast concrete pipes and culverts.

3.2.4.1. allocating customers/contracts amongst themselves in accordance with their respective percentage market shares of the Western Cape market for precast concrete culverts; and
3.2.4.2. allocating specific territories within the Western Cape to which each firm would supply precast concrete culverts.

			4.

							Administrative Penalty
6.1.	
6.2.	
6.3.	
6.4.	

7.

					Full and Final Settlement

Managing Director:
Concrete Units (Proprietary) Limited

Shan Ramburuth
The Commissioner
Competition Commission