| Mon 25 Oct 2010, 14:37 | | THEE - Outcome of Competition Tribunal Hearings |
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JSE
THEE
THEE - Outcome of Competition Tribunal Hearings
OUTCOME OF COMPETITION TRIBUNAL HEARINGS
(Following is a guideline for journalists. The information can be used but
please do not quote Nandi Mokoena or the Tribunal)
Dates set for the remainder of the SAB hearing
On Friday, 22 October 2010, the parties to the Commissions case against SAB and
its appointed distributors agreed to the following dates for the remainder of
the hearing:
- 15 November 2010, for the Tribunal to hear SAB`s request that the
Commission substantiate its allegations of price discrimination against it.
The Tribunal will hear this matter if the dispute on this issue remains,
following an exchange of submissions between the parties;
- 19, 20 and 21 January 2011 for the Tribunal to hear Mr Peter Dodson`s
evidence. Dodson is the CEO of Metcash Trading Africa;
- 21 and 22 February 2011 for the Tribunal to hear Mr Swersky`s evidence.
Swersky is the MD of Picardi Rebel;
- 28 March - 15 April 2011 to hear the remaining witnesses in the case; and
- 3, 4 and 5 May 2011 for closing arguments by both parties.
Background
Following a 3 year investigation into SAB`s activities, on 21 December 2007, the
Competition Commission referred to the Tribunal a complaint against SAB and its
appointed distributors in which it alleged that:
- SAB`s agreements with its appointed distributors had the impact of dividing
markets, in contravention of the Competition Act;
- SAB favoured its own distributors at the expense of independent
distributors and, in that way, placed independent distributors at a
disadvantage in the market; and
- SAB had abused its dominance by requiring retail outlets not to deal with
SAB`s competitors, thereby placing SAB`s competitors at a disadvantage in
the beer market.
The parties have argued a number of technical issues in the case between
December 2007 and now. These have resulted in, amongst other things, the parties
agreeing to only hear the case relating to the distributors for the time being.
At a later stage, the Tribunal will hear the case relating to SAB`s alleged
abuse of dominance.
The hearing on the Commission`s allegations began on 11 August 2010.
Issued By:
Nandi Mokoena
PR Consultant: Competition Tribunal
Cell: +27 (0) 82 399 1328
E-mail: NandisileM@live.co.za
On Behalf Of:
Lerato Motaung
Registrar: Competition Tribunal
Tel: (012) 394 3355
Cell: +27 (0) 82 556 3221
E-Mail: LeratoM@comptrib.co.za
Date: 25/10/2010 14:37:01 Produced by the JSE SENS Department.
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