Outcome of cases heard by the Tribunal: Wednesday, 26 June 2019
| Type of matter | Parties involved | Commission’s recommendation to the Tribunal | Tribunal Decision |
| Large merger | DSV A/S And Panalpina Welttransport Holding (Panalpina World Transport Holdings) | Approval without conditions | Approved without conditions |
| Complaint referral | The Competition Commission and Arcelormittal South Africa Ltd and Columbus Stainless (Pty) Ltd and Cape Gate (Pty) Ltd and Scaw South Africa (Pty) Ltd | *Closing arguments | *Closing arguments continue |
Tribunal approves merger in the national market for freight-forwarding and clearing services
The Tribunal has approved a large merger involving two global, foreign firms that provide freight-forwarding and logistics services in South Africa. The transaction has been approved without conditions.
DSV, headquartered are in Denmark, is listed on the Nasdaq Copenhagen Stock Exchange. The public company provides services in South Africa in respect of non-perishable products such as pharmaceutical products, hazardous goods, automotive parts and clothing. Locally, DSV operates in Durban, Johannesburg, Port Elizabeth, East London and Cape Town.
Panalpina Welttransport Holding (PWT) is a Swiss public company. Its South African freight-forwarding business is limited to air freight-forwarding services and a negligible amount of ocean freight-forwarding services. It operates in facilities at the O.R Tambo and Cape Town International Airports.
Tribunal hears closing arguments in scrap metal cartel case
The Tribunal is hearing closing arguments in a scrap metal cartel case in which Arcelormittal South Africa Ltd, Columbus Stainless (Pty) Ltd, Cape Gate (Pty) Ltd and Scaw South Africa (Pty) Ltd were implicated through a Commission investigation.
The Commission accused the companies of having operated as a buyers’ cartel and of having fixed the purchase price of scrap metal from about 1998-2008.
In November 2016 the Tribunal approved a settlement between Arcelormittal South Africa and the Commission. The steel manufacturer admitted to involvement in long steel and scrap metal cartels in four complaints. It agreed to pay a penalty of R1.5bn for price fixing - the largest penalty imposed on a single firm in the history of competition law enforcement in South Africa.
Columbus Stainless also agreed to settle and paid a penalty of R32 576 835.87. Scaw South Africa, owned by the IDC, is a leniency applicant and the Commission is not seeking any relief against this firm.
Cape Gate is the only remaining respondent in this matter. Closing arguments will continue to be heard on Friday.
Issued by:
Gillian de Gouveia
Communications Officer
Tel: +27 (0) 12 394 1383
Cell: +27 (0) 82 410 1195
E-Mail: GillianD@comptrib.co.za
Twitter: @comptrib
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