Business Day

Firm faces fine over film cabal

- Hanna Ziady Investment Writer ziadyh@businessli­ve.co.za

The Competitio­n Commission is seeking a penalty against SterKineko­r for colluding with its closest rival, Nu Metro.

The Competitio­n Commission is seeking a penalty against SterKineko­r for colluding with its closest rival, Nu Metro.

The commission said SterKineko­r Theatres, a subsidiary of Primedia, and Avusa subsidiary Nu Metro Entertainm­ent engaged in market allocation in lease agreements at Cape Town’s V&A Waterfront.

It is unclear whether the commission is seeking 10% of Ster-Kinekor’s annual turnover or of Primedia’s annual turnover as a penalty. Primedia acquired Ster-Kinekor in 2007.

In terms of the Competitio­n Act, 10% of annual turnover is the maximum fine that can be levied, suggesting that SterKineko­r has not co-operated with the commission.

On Friday, the Competitio­n Tribunal said it had set aside two weeks to hear the matter. The hearing begins on May 8 and involves nine witnesses. Nu Metro and Ster-Kinekor are the two largest competitor­s in the film exhibition market.

According to its website, Ster-Kinekor owns more than 60% of the market.

The commission initiated the matter in May 2009 after Avusa provided evidence of collusion between the two film exhibitors and applied for leniency in the matter.

Nu Metro’s lease agreement with then-landlord Transnet Pension Fund gave the film company a right of first refusal relating to any film exhibition at the V&A Waterfront. When Nu Metro discovered that SterKineko­r had entered into negotiatio­ns to operate at the Waterfront, it filed an interdict at the high court in objection to this.

The two later entered into a settlement agreement, which was made an order of the court. In terms of the deal, Nu Metro would show only commercial films at the V&A Waterfront, while Ster-Kinekor would show only subtitled or “art” movies, as classified by Movieline, formerly a magazine and now a YouTube channel that reviews films.

This arrangemen­t, which had continued from 1998 to at least 2012, amounted to market allocation, said the commission.

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