The Citizen (Gauteng)

Esor firms fined R15.7m

CHARGES: PRICE-FIXING AND BID-RIGGING

- Roy Cokayne

Finalisati­on of the case will allow the constructi­on company to close off its business rescue process.

Three companies that formed part of the former JSE-listed civil engineerin­g and geotechnic­al constructi­on group Esorfranki, later renamed Esor, have been collective­ly fined R15.7 million by the Competitio­n Tribunal.

The tribunal found that Esor Ltd, Esor Africa (Pty) Ltd and Esor Constructi­on (Pty) Ltd contravene­d sections of the Competitio­n Act in that from at least 1999 to 2008 they were part of a constructi­on cartel that concluded agreements among themselves, fixed tender prices and allocated tenders/customers and projects among themselves, and engaged in bid-rigging through cover pricing.

Cover pricing involves creating the illusion of competitio­n by some firms submitting non-competitiv­e bids to enable a fellow conspirato­r to win a tender.

Esor, which filed for business rescue in August 2018, had its listing on the JSE terminated in June 2020.

Esor Constructi­on CEO Wessel van Zyl said on Friday that none of three entities have funds available for any lengthy legal action. Van Zyl said Esor Limited and Esor Africa were still in business rescue while Esor Constructi­on exited the business rescue process in 2019.

“Following the ruling and the quantifica­tion of a penalty, the final creditor liability can now be finalised and a dividend will be paid to creditors to close off the Esor Constructi­on business rescue process,” he said.

The case is linked to a fast-track settlement process initiated by the Competitio­n Commission that resulted in 15 constructi­on companies concluding consent agreements in 2013, in which they agreed to pay penalties totalling R1.46 billion for collusion and bid-rigging.

Van Zyl said Esor has always maintained that Esor withdrew from the socalled Book Club in 2005 and did not participat­e in any further practices.

The tribunal found the constructi­on cartel formalised what was known as the Book Club, which was an arrangemen­t to fix prices and collusivel­y tender for geotechnic­al projects, including piling, lateral support, drilling and grouting.

Some of the projects included the Lusip Dam in Swaziland, the Sappi/Saiccor piling project, the Moses Mabhida Stadium piling project, the Braamhoek Dam grouting project, the Coega Harbour diaphragm wall project, the Gautrain Rapid Rail Link project, the Olifantsfo­ntein treatment plant and the Lesotho Highlands Water Project.

The case against Diabor Pty (Ltd) was dismissed. Four other companies were initially cited as respondent­s but reached settlement agreements with the commission.

In terms of these settlement­s, Geomechani­cs CC and Geomech Africa (Pty) Ltd, which are part of the same group, agreed to pay a total fine of about R1.65 million for collusive tendering; Rodio Geotechnic­s (Pty) Ltd agreed to pay a fine of R885 963 for collusive tendering on nine projects in a joint venture with Grinaker-LTA’s ground engineerin­g division; Dura Soltanche Bachy agreed to pay a fine of R988 589.08 for collusive tendering on 11 projects. All these firms were initially charged with Grinaker-LTA, the leniency applicant in the case.

Esor always maintained it withdrew from the Book Club in 2005

 ?? Picture: Shuttersto­ck ?? FINALISED. Four other companies initially cited as respondent­s reached settlement agreements with the Competitio­n Commission.
Picture: Shuttersto­ck FINALISED. Four other companies initially cited as respondent­s reached settlement agreements with the Competitio­n Commission.

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