The Competition Commission of South Africa (the Commission) sought an order from the Competition Tribunal of South Africa (the Tribunal) declaring that two brand activation companies (Geometry Global (Pty) Ltd (Geometry) and Vaxiprox (Pty) Ltd (Vaxiprox)) had colluded on a tender issued by a public entity (South African Tourism (SAT)), and punishing them accordingly. The Tribunal dismissed the Commission’s complaint on the grounds that the tender was a sham. The facts of the case In 2009, SAT issued a series of tenders for various marketing services, through which it appointed Geometry and Vaxiprox as agencies to provide global activation services. The concept was that for all relevant activations SAT would obtain cost estimates from both, allowing SAT to select the cheapest
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The South African Competition Tribunal rejects a tender collusion allegation on the basis that the tender was a sham (Geometry / Vaxiprox)
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