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Competition Commission investigates Boksburg business

Boksburg business Sime Darby Hudson & Knight is facing heat from the Competition Commission.

The Commission conducted a search and seizure operation at their offices as well as at Unilever South Africa in Durban, Kwa-Zulu Natal on Wednesday May 21.

The Commission is a statutory body constituted in terms of the Competition Act, No 89 of 1998 by the Government of South Africa empowered to investigate, control and evaluate restrictive business practices, abuse of dominant positions and mergers in order to achieve equity and efficiency in the South African economy.

According to the Commissions’ acting commissioner, Tembinkosi Bonakele, the search and seizure operation forms part of the Commission’s ongoing investigation into collusive conduct in the markets for the manufacture and supply of edible oils and margarine to wholesale and retail customers.

“The Commission has reasonable grounds to believe that information relevant to this investigation is in the possession of employees of the two companies.

“The Commission is conducting the operation with due regard to the rights of both Sime Darby and Unilever SA, and all the affected persons.

“During the search the Commission will seize documents and electronic data, which will be analysed together with other information gathered to determine whether a contravention of the Competition Act has taken place,” says Bonakele.

The Advertiser contacted Sime Darby Hudson & Knight for comment on the matter, and the head of the company who refused to give out his name, had this to say: “Our comment is simple; it’s exactly like being pulled over by police who want to search your car.

“We are currently awaiting the results of the investigation, but as far as we are concerned, everything is in order from our side.”

In terms of section 48 of the Competition Act, the Commission is authorised to enter and search premises and seize documents which have a bearing on an investigation.

Bonakele says the Commission duly obtained warrants authorising it to search the offices of Sime Darby from the North Gauteng High Court.

He urges anyone who can assist in the investigation to come forward with information.

“The Commission believes that the information that will be obtained from the operation will enable the Commission to determine whether or not Sime Darby Hudson & Knight and Unilever SA have indeed engaged in collusive conduct.

“However, as part of any investigation, we also wish to urge anyone, be it business or individuals with further information to come forward and assist the Commission in concluding this investigation.”

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