Competition Commission absolves Mpact from alleged anticompetitive conduct
JSE-listed paper and packaging group Mpact has announced the resolution of a Competition Commission matter pertaining to alleged anticompetitive conduct between itself and another company, which stems back to 2016.
Mpact was a respondent in an alleged anticompetitive conduct complaint initiated by the commission.
An initial investigation involved corrugated packaging interactions between a former employee of Mpact and a representative of the other company – a competitor – prior to 2016.
A second investigation on recycling emanated from the initial investigation and related to historic conduct that arose from a shortage of supply of recyclable material in the market required for the production of paper.
Mpact explains in a statement to shareholders that, to ensure the company was able to continue supplying paper to its customers, including the other company, that company facilitated the supply of baled recyclable material to Mpact from one of its significant suppliers of such material. This was only for a short period of time.
The conduct in question related to certain communications between the parties in the context of a request from the supplier to change the price the supplier had agreed.
As soon as the conduct was brought to the attention of the Mpact board in 2016, the board immediately engaged with the commission and has been cooperating with the commission since then.
Mpact has dealt with the issues identified by the commission transparently through applying for corporate leniency in respect of the investigations.
Pursuant to its leniency policy, the commission is not seeking the imposition of a penalty against Mpact in the complaints, which have been settled by the other company without any admission of liability.
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