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

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

The Competition Commission and Anix Trading 739 CC ("Anix") hereby agree that application be made to the Competition Tribunal for confirmation of this Settlement Agreement as an order of the Tribunal in terms of sections 58(1)(a)(iii) and 59(1 )(a) of the Competition Act No.89 of 1998, as amended, on the terms set out below:
1.   Definitions
in this Settlement Agreement, unless the context indicates otherwise, the following definitions shall apply:

2.   Complaint investigation and findings
2.1. During March 2009, the Commission received a complaint from the National Treasury concerning allegations of collusive tendering against the Respondents. Following from this, the Commission summoned and interviewed those alleged to be involved in the alleged conduct. Of those summoned, Mrs Reineth Masemola of Anix Trading provided evidence of the alleged collusion. She confirmed that Anix and Zedek had had discussions on pricing relating to their tender submissions for State Tender RT11-2009 R, for the supply and delivery of animal feed to the state for the period 01 May 2009 to 30 April 2011.
2.2.The Commission's investigation established that:
(i) the Respondents discussed the cost price of the goods that were
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, Anix's representative approached the Commission with the view of settling the matter. She indicated that Anix 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.

Anix admits that it has contravened section 4(1)(b)(iii) of the Act in that it and Zedex discussed with each other their respective bids and prices in respect of Government tender number RT11-2009R for the supply and delivery of animal feed to all nine provinces of the Republic.

Anix agrees and undertakes to refrain from engaging in collusive tendering in contravention of section 4(1)(b)(iii) of the Act.

6.1	Anix agrees that it is liable for an administrative penalty in terms of sections 58(1)(a)(m), 59(2) and (3) of the Act Anix shall pay an amount of R 20 000.00 within 90 days of the confirmation of this agreement as an order of the Tribunal. .
6.2	The penalty will be paid over by the Commission to the National Revenue Fund in accordance with the provisions of section 59(4) of the Act.

This Settlement Agreement, upon confirmation thereof as a consent order by the Tribunal, concludes all proceedings between the Commission and Anix in relation to the contravention of section 4(1)(b)(iii) of the Act, investigated under the Commission's case number: 2009Mar4335.

MASEMOLA REINETH LEKAKE

Duly Authorised signatory of Anix

Shan Ramburuth
Commissioner, Competition Commission