Tribunal confirms WBHO bid rigging settlement
Jul 13 2016 17:34



Price-fixing probe hits building firms

Cape Town - The Competition Tribunal confirmed on Wednesday a settlement
agreement between Wilson Bayley Homes-Ovcon (WBHO) and the Competition
Commission.

This was the last case in the investigation into bid rigging in the
construction sector that the Competition Commission referred to the
Tribunal in October last year. The commission alleged that WBHO colluded
with Group Five by fixing contracts relating to the N17 link road between
New Canada and Soccer City in Johannesburg.

WBHO [JSE:WBO] has been granted immunity from an administrative penalty in
relation to its participation in a number of prohibited practices in
contravention of the Competition Act.

According to the Tribunal, the settlement has been delayed some time
because of disagreement between WBHO and the Commission over the wording of
the consent order.

The settlement agreement relates to collusive tendering in the construction
industry, in which parties submitted cover prices with a view to allocate
projects.

WBHO entered into negotiations with the Commission in order to settle the
matter.

"As part of its settlement, WBHO has agreed not to engage in further
prohibited practices and has among other things, implemented a competition
law compliance programme to ensure that its employees, management,
directors and agents do not engage in any future contraventions of the
act," said the Tribunal.

When the Commission referred the case to the Tribunal, Commissioner
Tembinkosi Bonakele said the construction sector remains one of the key
sectors of the economy which government is prioritising to drive
infrastructure development. It is therefore necessary to address any
collusive conduct which might inflate the costs of rolling out
infrastructure development.

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