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Commission appeals cartel case ruling

Johannesburg - The Competition Commission on Monday said it has lodged an application for leave to appeal a decision of the Competition Appeal Court (CAC) handed down on May 6, in which the court upheld appeals by Loungefoam, Gommagomma, Steinhoff International Holdings [JSE:SHF] and Steinhoff Africa Holdings.

The firms appealed against a Competition Tribunal decision allowing the commission to amend its complaint referral and join Steinhoff as a party to the case.

The case pertains to alleged cartel conduct between Loungefoam, Gommagomma, Steinhoff International Holdings and Steinhoff Africa Holdings between 1999 and 2004.

It involved price fixing and market allocation in polyurethane foam used in the manufacture of furniture.

"This appeal follows applications filed by the Competition Commission against the CAC's decisions in the Yara/Omnia and Netstar matters," it said.

"The cumulative effect of these decisions is to constrain the commission's ability to investigate anticompetitive conduct and to compromise the rights of third parties to lodge complaints of anticompetitive conduct," it said.
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