Tribunal dismisses case of alleged e-toll levy price fixing against furniture removal companies

 09 January 2020

The Competition Tribunal has dismissed a case of alleged e-toll levy price fixing against several furniture removal companies.

 

The case involved eleven furniture removal companies and the association to which they belong. In referring the matter to the Tribunal, the Commission listed the following respondents (accused): Stuttaford Van Lines Gauteng Hub, Pickfords Removals SA, A & B Movers, Brytons Removals, Amazing Transport, Key Moves, Bayley Worldwide, Selection Cartage, Elliot Mobility, Crown Relocations, Magna Thomson and the Northern Province Professional Movers Association.

 

The case stems from a 2017 Commission investigation into allegations of price fixing in relation to the e-toll levy imposed on customers transporting goods on Gauteng highways.


 

Tribunal’s Order

 

In its order, the Tribunal concluded: “Although the respondents may well have concluded an agreement with regard to the charging of E-Tolls at the meeting of January 24, they cannot be held liable because the agreement was concluded more than three years prior to the initiation of the complaint and the limitation or action provision in terms of section 67(1) applies. Put more colloquially the claim for this count has prescribed.”

 

A full copy of the Tribunal’s order and reasons for its decision is available on the Tribunal’s website at: https://test.comptrib.gendel.com/case-detail/7848


 

Background

 

The Commission had alleged that eleven furniture removal companies met in 2014 under the auspices of the Northern Province Professional Movers Association, during which time they had agreed to impose a R350 levy on each quote when transporting furniture along Gauteng e-toll roads. The Commission claimed that the purpose of the agreement, since January 2014, was to pass e-toll costs on to customers.

 

Three of the implicated companies admitted liability and settled with the Commission. The Tribunal approved three consent orders (settlements) in this regard: Crown Relocations settled with the Commission and agreed to pay an administrative penalty of R240 647.05; A&B Movers settled and a penalty of R208 121.90; and Key Moves settled and agreed to pay a penalty of R438 312.80.

 

 

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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