Tribunal reserves decision in brick company review application
The Tribunal has reserved its decision in the matter involving Eston Brick and Tile (Pty) Ltd (Eston) and the Competition Commission.
The brick manufacturer – accused of contravening Competition law along with another well-known South African brick company -- approached the Tribunal on Wednesday to have the Commission’s decision, to institute proceedings against it, reviewed and set aside.
Eston argues, among others, that the Commission had already investigated the matter in 1999, 2007 and 2008 and that it had issued a notice of non-referral (decided not to prosecute the matter). The Tribunal’s decision in the review application will be issued in due course.
The main case involving Eston Brick and Tile (Pty) Ltd (Eston) was referred to the Tribunal in July 2017. In it, the Commission alleges that Eston engaged in a prohibited practice (dividing markets) in contravention of the Competition Act.
The case is related to a series of other matters in which the Commission alleges that Corobrik (Pty) Ltd and various companies divided the market by entering into agreements / memoranda of understanding in terms of which the companies would only sell their bricks to Corobrik.
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