Tribunal dismisses alleged e-toll levy price fixing case
The Competition Tribunal has dismissed a case of alleged e-toll levy price fixing against several furniture removal companies.
The case involved 11 furniture removal companies and the association to which they belong.
In its order, the tribunal concluded that “although the respondents may well have concluded an agreement with regard to the charging of e-tolls . . . , they cannot be held liable because the agreement was concluded more than three years prior to the initiation of the complaint and the limitation or action provision in terms of Section 67(1) applies”.
In referring the matter to the tribunal, the Competition Commission had listed Stuttaford Van Lines Gauteng Hub, Pickfords Removals SA, A & B Movers, Brytons Removals, Amazing Transport, Key Moves, Bayley Worldwide, Selection Cartage, Elliot Mobility, Crown Relocations, Magna Thomson and the Northern Province Professional Movers Association, as the accused.
The case stemmed from a 2017 commission investigation into allegations of price fixing in relation to the e-toll levy imposed on customers transporting goods on Gauteng highways.
The commission had alleged that the furniture removal companies had met in 2014 under the auspices of the Northern Province Professional Movers Association, during which time they had allegedly agreed to impose a R350 levy on each quote when transporting furniture along Gauteng’s e-toll roads.
The commission claimed that the purpose of the agreement, since January 2014, was to pass e-toll costs on to customers.
Three of the implicated companies admitted liability and settled with the commission, after which the tribunal approved three settlements in this regard.
Crown Relocations settled with the commission and agreed to pay an administrative penalty of R240 647.05; A&B Movers settled and paid a penalty of R208 121.90; and Key Moves settled and agreed to pay a penalty of R438 312.80.
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