Four companies – accused of colluding on an Eskom tender worth some R240 million – will ask the Tribunal to dismiss the Competition Commission’s case against them.
 
The companies are accused of price fixing and collusive tendering when bidding for an Eskom tender to supply, transport, deliver, install and dismantle scaffolding and thermal insulation for all of the 15 Eskom coal-fired power stations.
 
The case dates back to March 2016 when the Commission received a complaint from Eskom against Waco Africa (Pty) Ltd and three joint ventures (Tedoc SGB Cape JV, Superfecta SGB Cape JV and Mtsweni SGB Cape JV) for alleged collusive tendering.
 
The Commission investigated the case for about a year during which time it included Waco’s partners in the three joint ventures (Tedoc Industries (Pty) Ltd, Superfecta Trading 159 CC and Mtsweni Corrosion Control (Pty) Ltd) as respondents (accused) in the case.
 
Eskom subsequently withdrew its complaint in March 2017.  The Commission nevertheless continued with its investigation and referred the case to the Tribunal for prosecution.
 
According to the Commission, Waco -- as the incumbent supplier at the time of the tender -- continues to supply the services. The Commission also claims that Waco interdicted Eskom from awarding the tender to another firm.
 
Because Waco has brought an exception, it has not yet filed an answer to the Commission and its answer is not yet on record with the Tribunal.
 
Tribunal to consider proposed merger
in the market for passenger vehicles
 
In this proposed transaction, Kempster Sedgwick (Pty) Ltd seeks to acquire the Honda, Citroen and Peugeot motor dealership operated by Mekor Umhlanga (Mekor Umhlanga Dealership).
 
Kempster Sedgwick is involved in the retail sale of motor vehicles and the provision of financial and insurance support vehicles related to the purchase of motor vehicles.
 
Mekor Umhlanga Dealership sells new Honda and Peugeot motor vehicles, new Honda motorcycles, used motor vehicles and motorcycles as well as Honda, Citroen and Peugeot branded parts and accessories. It also acts as an intermediary in the provision of finance and insurance services and repairs on Honda, Citroen and Peugeot branded vehicles in the eThekwini area.
 
In its assessment of the merger, the Commission found that the proposed transaction does not present any competition or public interest concerns. It has recommended that the merger be approved without conditions.

Issued by The Competition Tribunal