COMPETITION TRIBUNAL
REPUBLIC OF SOUTH AFRICA

Case No: 07/CR/Mar10

In the matter between:

and

Panel				N Manoim (Presiding Member), Y Carrim (Tribunal 
				Member), and A Wessels (Tribunal Member)
Heard on			9 June 2010 and 7 July 2010
Decided on  :			7 July 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

Y  Carrim and  A Wessels Concurring

			BEFORE THE COMPETITION TRIBUNAL OF SOUTH AFRICA 
	(HELD IN PRETORIA)
			
								CT CASE NO: 07/CR/Mar10 
								CC CASE NO: 2009Mar4335
In the matter between:
COMPETITION COMMISSION 						Applicant
and

In re:
COMPETITION COMMISSION 						Applicant 
and

SETTLEMENT AGREEMENT BETWEEN THE COMPETITION COMMISSION AND ZEDEK TRADING 799 CC IN RESPECT OF CONTRAVENTIONS OF SECTION (4)1(b) OF THE COMPETITION ACT NO 89 OF 1998

1.    Definitions
In this Settlement Agreement, unless the context indicate s otherwise, the fallowing definitions shall apply:

2.2. The Commission's investigation established that 
(i) the Respondents discussed the cost price of the goods that were the subject of the tender as well as their respective tender prices.
(ii) this conduct had persisted for a considerable period of time as the respondents normally discussed their respective tender prices whenever they responded to an invitation to tender.
2.3    The Commission referred its findings to the Tribunal on 8 March 2010

Shortly after receiving the referral papers, Zedek's representative approached the Commission with the view of settling the matter. He indicated that Zedek has no defence to the Commission's allegations and that it had contravened the Act in ignorance as the Respondents did not know that their conduct amounted to a contravention and that It would not be putting up a defence or an answer to the referral.

Zedek admits that it has contravened section 4(1)(b)(iii) of the Act in that it and Anix discussed their respective bids and prices in respect of Government tender number RT11-2O09R for the supply and delivery of animal feed to all nine provinces of the Republic.

6.   Administrative penalty

7.   Full and final settlement

Duly authorized signatory of Zedek

Shan Ramburuth
Commissioner, Competition Commission'