Competition Commission charges Unilever South Africa (Pty) Ltd for cartel conduct
01 March 2017
The Competition Commission (Commission) has referred to the Competition Tribunal for prosecution a cartel case against Unilever South Africa (Pty) Ltd (Unilever) and Sime Darby Hudson Knight (Pty) Ltd (Sime Darby). This follows the investigation by the Commission which found that Unilever and Sime Darby divided markets by allocating specific types of products and customers goods in the market for the manufacturing and supply of bakery and cooking products throughout South Africa.
This conduct contravene section 4(1)(b)(ii) of the Competition Act. The Commission’s investigation found that from at least 2004 to 2013 Unilever and Sime Darby entered into a Sale of Business agreement, which contained a clause in terms of which they agreed not to compete with each other in respect of certain pack sizes of margarine and edible oils.
In terms of the non-compete clause, Unilever and Sime Darby agreed that:
- Sime Darby would not supply industrial customers with margarine pack sizes that were less than 15kg;