We use cookies to give you the best online experience. By using our website you agree to our use of cookies in accordance with our cookie policy. Learn more here.Close Me
On 19 June 2012 the Competition Tribunal confirmed as a consent
order the settlement agreement entered into between the Competition
Commission (Commission) and Oceana Limited and Oceana Brands
Limited (Oceana) on 9 May 2012. In terms of the settlement
agreement Oceana agreed to pay a fine of ZAR34 750 050, which
represents 5% of its turnover from its pelagic fish operations in
South Africa for 2010.In addition, Oceana admitted to contravening
the Competition Act (Act) in that along with members of the South
African Pelagic Fish Processors Association, including Foodcorp,
Premier Fishing SA, Gansbaai Marine, Terressan Pelagic Fishing,
Paternoster Visserye, Pioneer Fishing (Pioneer) and Saldanha Foods,
it agreed to fix the prices paid to vessel owners, skippers and
crew for their services.
Furthermore, Oceana admitted to - (1) entering into certain
agreements with competitors that resulted in the exchange of
competitively sensitive information; (2) allocating markets in
respect of certain suppliers with Pioneer in the Mossel Bay region;
and (3) fixing quota rental fees with Pioneer in relation to three
quota holding companies in Port Elizabeth.
Moreover, Oceana agreed to fully cooperate fully with the
Commission in relation to prosecution of the complaint upon
referral and to not engage in future contraventions of the Act.
Oceana was also required to submit a copy of its compliance program
to the Commission within 30 days of the confirmation.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Now, for the first time since the inception of the Competition Act, there is a real and definite focus on criminal investigations linked to contraventions of the Competition Act.
The publication of Government Gazette No. 288 and 289 of 2012 on Friday 7 December 2012 has given rise to two new developments in Namibian competition law.
According to the UN Conference on Trade and Development (UNCTAD), over the past five years the region has been the recipient of most of the foreign direct investment (FDI) into Africa.
The Zambia Competition Commission, now the Competition and Consumer Protection Commission (CCPC), has successfully prosecuted Mercury Express Logistics Zambia Limited (Mercury).
The Competition Commission recently found a dual distribution restraint to amount to a market allocation agreement between competitors, which is outright unlawful under the Competition Act, 89 of 1998.
The Competition Tribunal has recently approved the South African leg of the global acquisition by Nestlé S.A. of the infant nutrition business of Pfizer Inc.
