New Age2.png

 

 

Funder's action 'illegal'

 

Body cautions Futuregrowth about breach of competition laws

 

 

Bernard Sathekge, The New Age, Johannesburg, 7 September 2016

 

An umbrella body for fund managers told Futuregrowth, which last week
announced it would cease lending to South Africa's major state owned
enterprises (SOEs), it had destroyed documents copied to it on the matter in
fear of being in contravention of competition legislation. 

 

This is a damning response by the Association for Savings and Investment
South Africa (Asisa) to Futuregrowth's decision that sent the markets into a
tailspin. In a letter to Futuregrowth CEO Andrew Canter Asisa sought to
clarify its position on the matter after the industry body was drawn into
the controversy. 

 

"It must be clear that Asisa deals with industry matters. This constitutes
comment and management with the policy maker, regulators and other
stakeholders on issues relating to policy, legislation and regulation which
affects the industry and all Asisa members," it said. 

 

Asisa told Canter the involvement of the organisation in Futuregrowth's
decision could be illegal. 

 

The letter said: "The relationship between a fund manager and its clients is
one of a business and contractual nature. It would not only be inappropriate
but possibly illegal in terms of competition law for Asisa to be involved in
such matters." 

 

It said the organisation had "destroyed" a set of questions sent to SOEs, on
which it was copied. 

 

"As regards the other fund managers, if you copied them on the list of
questions, it would be inappropriate and possibly a contravention of the
Competition Act for them to give input. We would strongly recommend that
they destroy all record of this list if they have received this," Asisa
said. 

 

The body said attempts to involve other fund managers in Futuregrowth's
meeting with SOEs would be "deemed collusive or restrictive behaviour in
terms of the Competition Act". 

 

Minister of Public Enterprises Lynne Brown said in a statement: "We note the
principle position taken by Asisa, where they caution Futuregrowth Asset
Management against inviting other fund managers to support its decision, as
doing so will be deemed collusive or restrictive behaviour in terms of the
Competition Act." 

 

Brown also said that Old Mutual, the holding company of Futuregrowth, had
distanced itself from the decision. 

 

Asisa operates as a non-profit company and is empowered by a mandate from an
industry that manages assets of nearly R8.6 trillion. Its strategic purpose
is to strengthen relationships with key stakeholders in the financial
services industry. Futuregrowth refused to take calls from our sister TV
channel ANN7 which originated this story.

 

 

From: http://tnaepaper.co.za/DRIVE/main%20edition/07092016/epaperpdf/1.pdf

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



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