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[2011] ZACT 104
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Competition Commission v Apollo Tyres South Africa (Pty) Ltd (56/CR/Aug10) [2011] ZACT 104; [2012] 1 CPLR 62 (CT) (15 December 2011)
COMPETITION TRIBUNAL
REPUBLIC
OF SOUTH AFRICA
Case No: 56/CR/Aug10
In
the matter between:
The
Competition Commission
…....................................................................................................................................
Applicant
and
Apollo Tyres
South Africa (Pty) Ltd
…........................................................................................................................
Respondent
Panel
: N Manoim (Presiding Member), Y Carrim (Tribunal Member), and A
Wessels (Tribunal Member)
Heard
on : 14 December 2011
Decided
on : 15 December 2011
Order
The Tribunal hereby confirms the
order as agreed to and proposed by the Competition Commission and the
respondent, annexed hereto
marked "A".
Presiding
Member
N
Manoim
Concurring:
Y
Carrim
and A Wessels
IN THE COMPETITION TRIBUNAL OF SOUTH AFRICA
(Held
In
Pretoria)
CT Case No. 56/CR/A«g10
CC Case No. 2006Oct2537/2009Apr4410
In the matter between:
THE COMPETITION COMMISSION
….......................................................................................
Applicant
And
APOLLO TYRES SOUTH AFRICA (PROPRIETARY) LIMITED
…...........................................
Respondent
SETTLEMENT
AGREEMENT BETWEEN THE COMPETITION COMMISSION AND APOLLO TYRES SOUTH
AFRICA (PROPRIETARY) LIMITED IN
TERMS
OF SECTION 58(1)(a>
READ WITH SECTION 59 Of THE COMPETITION ACT, NO. 89 OF 1998 (AS
AMENDED)
The Competition Commission of South Africa and Apolio
Tyres South Africa (Proprietary) Limited hereby agree that
application be
made to the Competition Tribunal for confirmation of
this Settlement Agreement as an order of the Competition Tribunal in
terms
of seciion 58(1 )(a) read with section 59 of the Competition
Act, No. 89 of 1993 (as amended) on the terms set out below.
1. Definitions
For the purposes of this Consent Order, the following
definitions shall appiy:
1.1. "Apollo" means ApoHo
Tyres South Africa (Proprietary) Limited (formerly Dunlop Tyres
Internationa! (Proprietary)
Limited ("Dunlop
1
*)),
a company duly incorporated and registered in accordance with the
company laws of the .Republic of South Africa with its principal
place of business a! Dunlop House, 265 Sydney Road, Durban 4001;
1. .2. the "Competition Acf
means the Competition Act, No. 89 of 1998, (as amended);
1.3. "Bridgestone" means Bridgestone South
Africa (Proprietary) Limited, a company duly incorporated and
registered in
accordance with the company laws of the Republic of
Souih Africa with its principal place of business at corner Quality
and Isando
Roads, Johannesburg;
1.4. "Continental Tyres" means Continental
Tyres (Proprietary) Limited, a company duly incorporated and
registered in
accordance with the company laws of the Republic of
South Africa, with its principal place of business at Cradle Street,
New Brighton
West, Port Elizabeth;
1.5. "Commission" means the Competition
Commission of South Africa, a statutory body established in terms of
section 19
of the
Competition Act, with
its principal place of
business at 1st Floor, Mulayo Building (Block C), the DTI Campus, 77
Melntjies Street, Sunnyside, Pretoria,
Gauteng;