There were two recent developments in the post fast-track settlement process and alleged tender collusion related to the 2010 FIFA World Cup:

  • The Competition Commission referred a complaint against WBHO Construction, Group Five Construction, Murray & Roberts, Stefanutti Stocks Holdings and Basil Read to the Competition Tribunal, seeking the maximum fine of 10% of turnover from the respondents for alleged outstanding contraventions of the Competition Act which were not settled as part of the fast-track settlement process. Although Aveng and Murray & Roberts were cited as respondents, Aveng has settled with the Commission and Murray & Roberts has been granted conditional immunity. A copy of the complaint referral is available here.

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  • The Tribunal approved a consent agreement reached between the Commission and Civcon Construction in terms of which Civcon agreed, amongst other things, to pay an administrative penalty close to ZAR800,000 (1% of its 2013 turnover) for engaging in cover-pricing with a division of Aveng. The settlement terms were particularly lenient in response to difficult financial circumstances at Civcon.

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