Tulisa Cables cleared of cable price fixing and cartel charges

Tulisa Cables (Pty) Ltd has been exonerated from involvement in South African power cable cartel

The Competition Tribunal has exonerated Tulisa Cables from involvement in price fixing and entering into a collusive agreement with its competitors in a long-running electric cable cartel, whose activities would have hurt Eskom, the mining industry and municipalities (IOL – Tulisa exonerated from involvement in Cable Cartel)

David Swartz, managing director of SWVG Inc. has been acting for Tulisa Cables for over ten years and was mandated to act for Tulisa in respect of this matter on 4 May 2010, on the date the Competition Commission raided Tulisa’s offices, in terms of a search warrant procured by the Competition Commission to conduct a dawn raid on Tulisa and the other respondents’ offices. Following this and the Commission’s subsequent investigation, the Commission referred the matter to the Tribunal on 18 March 2014.

David Swartz, acting with Joshua Greenberg, opposed the referral and briefed Advocate Greta Engelbrecht to act on behalf of Tulisa Cables. Swartz maintained from the outset that Tulisa had not contravened the Competition Act.

The Competition Tribunal found that Tulisa did not contravene section 4(1)(b)(i) of the Competition Act and furthermore concluded that the Competition Commission did not establish that Tulisa was a party to an agreement or concerted practice, express or inferred, to fix the price of power cables.

For nine years, our client has maintained and stood strong in its position that it had not contravened the Competition Act in any shape or form, and specifically of the allegations levelled against it by the Competition Commission. Despite persistent calls by our offices that the matter be withdrawn, these fell on deaf ears. Our client is thrilled that it has been vindicated of any wrongdoing. — David Swartz, Managing Director at SWVG Inc.

SWVG Inc. has a thriving competition law department and we are able to advise and assist in every aspect of South African competition law.