Further to the receipt of settlement applications made in the context of the fast-track invitation to the construction industry to settle collusive conduct on favourable terms, 21 ﬁrms disclosed conduct to the Commission. In consequence, 15 of the 21 responding ﬁrms entered into (within the context of the fast-track invitation) settlement agreements with the Commission, which were conﬁrmed as orders of the Tribunal in July 2013.
The 21 responding ﬁrms that disclosed conduct pursuant to the fast-track process implicated an additional 25 ﬁrms that had not responded to the Commission's invitation at all. Accordingly and since July 2013, the Commission has been engaging with those remaining implicated ﬁrms in a "Phase 2" process, with some of these ﬁrms electing to enter into settlements outside the fast-track process. For example, B&E International Proprietary Limited (in July 2014) and Cycad Pipelines Proprietary Limited (in August 2014) concluded settlements with the Commission on ostensibly less advantageous terms than would have been agreed if the conduct concerned formed the subject matter of settlements reached during the fast-track process. There are some ﬁrms that are in continuing discussions with the Commission over "Phase 2" settlements. For example, Group Five is reported to be engaging with the Commission in respect of four outstanding matters that did not form the subject of settlement under the fast-track invitation.
Where settlement is not reached with such ﬁrms, the Commission is likely to refer the matters for adjudication before the Tribunal.