Tribunal grants commission’s application to add price-fixing charge against Corobrik, SmartStone

The commission applied to the tribunal to amend its referral after it said it uncovered new information during the discovery phase of the proceedings before the tribunal.

The commission applied to the tribunal to amend its referral after it said it uncovered new information during the discovery phase of the proceedings before the tribunal.

Published Dec 7, 2023

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The Competition Tribunal yesterday said it had granted an application by the Competition Commission to amend its complaint referral against against Corobrik and SmartStone Precast.

The tribunal is investigating a charge by the commission that the two firms divided markets between them, by allocating customers in contravention of the Competition Act.

The tribunal’s order means that the scope of the commission’s referral, which is before the tribunal, will be extended to include a complaint of price-fixing in addition to the complaint of alleged market division by allocating customers for the manufacturing and supply of bricks, pavers and blocks, in contravention of the Competition Act.

The commission applied to the tribunal to amend its referral after it said it uncovered new information during the discovery phase of the proceedings before the tribunal. SmartStone opposed the application and Corobrik did not do so.

Following a hearing, the tribunal concluded that the application for amendment of the referral must be granted and directed SmartStone to file a supplementary affidavit. The main matter will be heard after all pre-trial proceedings have been concluded.

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