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Wed 30 Sep 2009, 13:00 GEN - Competition Commission uncovers mining roof bolts cartel
JSE
THEE                                                                            
GEN - Competition Commission uncovers mining roof bolts cartel                  
Press Release                                                                   
Competition Commission uncovers mining roof bolts cartel                        
The Competition Commission has today referred its findings of cartel activity by
Aveng (Africa) Ltd, trading as Duraset ("Duraset"), RSC Ekusasa Mining (Pty) Ltd
(RSC), Dywidag-Systems International (Pty) Ltd ("DSI") and Videx Wire Products  
(Pty) Ltd ("Videx") to the Tribunal for adjudication and has asked the Tribunal 
to levy an administrative penalty of 10% on the annual turnover of three of the 
firms.                                                                          
All of the respondents are suppliers of mining roof bolts. These are used to    
provide roof and wall support in underground mines to prevent cave-ins and to   
keep a mine accessible over extended periods of time.                           
The Commission initiated this investigation into cartel activity based on       
information received in a leniency application by RSC, a subsidiary of Murray & 
Roberts Steel, on 26 September 2008. RSC was the first among the cartel members 
to come forward and admit it had colluded with its competitors. Subsequently,   
another party attempted to apply for leniency, but this was rejected since      
conditional leniency had already been granted to RSC in respect of the conduct. 
The investigation revealed that the mining roof bolts cartel may have started   
during the 1990`s and was resuscitated around 2002 when DSI entered the market  
with prices considered by its competitors as "exceptionally low and             
unsustainable". This resulted in a price war, after which the respondents       
arranged to meet and discuss how to coordinate their conduct in the supply of   
mining roof bolts.                                                              
Over an extended period of time the respondents agreed not to sell to "each     
other`s mines" and under the guise of an industry association, each member was  
allocated 25% of market share. These cartel members had agreements to allocate  
customers and products and also to collude on tenders until 2008. Their major   
customers included De Beers, Goldfields, Harmony, Anglo Platinum, Lonmin and    
Sasol Coal.                                                                     
ENDS                                                                            
Jennifer Cohen 011 214 2401/ 082 468 6469 jennifer.cohen@fd.com                 
Dani Cohen 021 487 9021 / 082 897 0443 dani.cohen@fd.com                        
Senzi Dlamini 011 214 2420 / 073 494 0030 senzi.dlamini@fd.com                  
On behalf of:  The Competition Commission                                       
Further info:                                                                   
Molebogeng Taunyane, Co-ordinator: External Communications                      
012 394 3289 / 082 646 8663 / molebogengt@comcpcom.co.za                        
30 September 2009                                                               
Date: 30/09/2009 13:00:01 Produced by the JSE SENS Department.                  
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