Group Five appeals against tribunal order

GROUP Five has lodged an appeal against a Competition Tribunal order compelling the company to plead to charges related to alleged collusive tendering on a SA National Road Agency Limited (Sanral) contract before it was given access to the Competition Commission’s investigation record of the case.

The tribunal’s communications officer, Chantelle Benjamin, said yesterday that Group Five had lodged an appeal.

In terms of the tribunal order handed down in January, the listed construction and engineering group was given 20 business days to plead to charges that it had entered into a collusive tendering agreement with WBHO and Concor, a wholly-owned subsidiary of Murray & Roberts (M&R), on a tender for the rehabilitation of a section of the national road between Senekal and Vaalpenspruit in the Free State in 2006 or face default judgment.

The tribunal said the commission could approach its registrar to set down a default judgment application if Group Five failed to file its pleadings to the charges within 20 business days.

Responding to a request for comment, Group Five said it had sought access to the investigation record to enable it to meaningfully respond to the allegations contained in the commission’s complaint.

The company said the tribunal decision determined the rights of litigants to access the commission’s investigation record prior to answering a complaint.

“Although the tribunal dismissed the application, it acknowledged that Group Five was well within its rights to bring the application and assert itself on the unclear points of law relating to access of the commission’s investigation record. “While Group Five’s approach is to co-operate with the competition authority to reach finality in the process, Group Five nevertheless considers the tribunal’s decision to be unclear on certain points of law.

“In this context, Group Five is appealing the decision in order to seek further clarity in relation to the issue of access of the commission’s record, which is required to enable Group Five to properly protect the interests of the company and all stakeholders. “Group Five remains committed to fully cooperating with the commission to expedite the conclusion of this matter,” it said.

Tembeka Ngcukaitobi, appearing for the commission, confirmed during the tribunal hearing in November that a member of the public could go to the commission registrar, request the record of the case and pay the money required to copy it, but maintained Group Five was not entitled to it. This prompted tribunal panel chairman Norman Manoim to say that this was “a bit farcical”.

The Competition Appeals Court has not yet allocated a date to hear the appeal.

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