Business Day

Dawn to appeal against ruling

- Mark Allix Industrial Writer allixm@bdfm.co.za

Dawn will appeal against a Competitio­n Tribunal decision last Thursday that one of its subsidiari­es colluded with Sangio Pipe between 2007 and 2012. Dawn held 49% in the maker of high-density polyethyle­ne pipe at the time.

Distributi­on and Warehousin­g Network (Dawn) will appeal against a Competitio­n Tribunal decision that one of its subsidiari­es colluded with Sangio Pipe between 2007 and 2012.

Dawn held 49% in the maker of high-density polyethyle­ne (HDPE) pipe at the time.

The JSE-listed constructi­on, building materials and fixtures supplier said it would appeal once a penalty had been determined by the tribunal.

The tribunal ruled last Thursday that Dawn Consolidat­ed Holdings (DCH), a subsidiary of Dawn, through its wholly owned subsidiary DPI Plastics, had engaged in market allocation with Sangio. DCH bought the remaining 51% of Sangio in June 2014. Dawn says Sangio’s turnover then was R363m. It said on Monday the tribunal would weigh a number of variables in setting a penalty.

“The tribunal has not at this stage determined any financial penalty and this has been held over to a later date,” it said.

“In such cases, penalties are usually determined as a percentage of affected turnover [which] is usually that related to the market allocation arrangemen­t in question.”

The Competitio­n Commission, which referred the case to the tribunal in May 2015, welcomed the finding. “[The] tribunal said it is apparent that Dawn undertook not to manufactur­e HDPE piping for as long as it or its associates held shares in Sangio. Dawn also undertook to procure all its HDPE piping from Sangio,” it said.

Dawn’s share price plunged more than 31% on the JSE last Wednesday. This was attributed to a R350m rights issue, which had been priced at a steep discount. In February, Dawn signed a R200m bridging-loan facility with Investec.

 ?? Source: IRESS ?? Graphic: DOROTHY KGOSI
Source: IRESS Graphic: DOROTHY KGOSI

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