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Oil firms fined for price fixing

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Rand money

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Engen Petroleum and Shell South Africa will pay R28.8 million and R26.259 million respectively in penalties as part of a settlement deal with the Competition Commission following their involvement in bitumen price fixing.

The competition authority said on Tuesday the two firms admitted to having fixed the price with other oil companies.

The companies concerned collectively determined and agreed on pricing principles, including a starting reference price and monthly price adjustment mechanism.

These settlement agreements follow the commission's referral in 2010 of its findings against the Southern Africa Bitumen Association and seven major oil companies to the Competition Tribunal for adjudication.

Bitumen is one of the by-products from crude oil refining. Bitumen and modified bitumen products are used to surface and rehabilitate roads, as waterproofing products and to suppress dust. The end customer of bitumen is mainly government road agencies and municipalities. - I-Net Bridge

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Anonymous, wrote

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04:04pm on 22 February 2012
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@Rob Pienaar - its not price fixing if its regulated....oil prices are regulated so no one can offer less that what has been agreed upon. Bitumen is not regulated.

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George, wrote

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09:26am on 22 February 2012
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Business report is quite wrong in asserting that the Gov't and metros are the end customers in the purchase of bitumen! We, the tax-payers of SA are the end customers, as it is our money (that is used to purchase bitumen) and the more that it is squandered as is happening throughout this crooked ANC gov't, the poorer every SA'n becomes. Wake up and do something about it SA. Vote them out!

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Praggia, wrote

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10:58pm on 21 February 2012
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The fines are a mere drop in the ocean when compared to the profits these companies see. How about 20% of their annual profit over 10 years thats shud make a dent

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Gavin, wrote

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05:07pm on 21 February 2012
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Nice. But will us consumers benefit off this in any way? It's funny that residents in Swaziland, who get their petrol from South Africa by the way, pay LESS for petrol than what we do (about R8 per litre at last count). Now how does that work? Us SA consumers are being royally messed over.

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Anonymous, wrote

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04:47pm on 21 February 2012
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Pioneer Foods got a R100 million fine right? These guys get R28 million? Someone was probably "encouraged" to just slap them on the wrist. Maybe if the price wasn't fixed then me would not have had the need to for the toll roads to further fund road works.

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Anonymous, wrote

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03:41pm on 21 February 2012
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The amount sounds way too small !!!

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AND THE CONSUMER??, wrote

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03:24pm on 21 February 2012
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So the government gets a hefty bonus!! HOWEVER, it is the consumer who had to shell out the extra money!! Surely the consumer should benefit from this?? We pay for the roads from 3rd Party and licensing fees and from toll roads - are we not entitled to get some of this back??? Of course we are!! - but the ANC has to drive expensive cars, have expensive houses etc. etc. Sis!! But why complain? - it's par for the course! Just pay your taxes etc. like good children and shut up!!

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Mark, wrote

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03:19pm on 21 February 2012
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Directors of companies found guilty of or particpating in price fixing should be dismissed immediately (with no bonuses) and be prevented from holding the position of director (or such)for a minimum of 10 years

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Rob Pienaar, wrote

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03:16pm on 21 February 2012
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I just have to keep asking this question over and over: How does the Competition Commission justify to itself fining an SA oil company for price fixing on a by-product from fuel refining when their main product from the process is itself the subject of a price fixing cartel which is not only backed by the government, but actively managed by it? Where is the Government’s morality, or even consistency of principle in this? What if the Competition Commission applied the principle of fining these companies a percentage of their turnover? Would that calculation include their turnover from participation in the Government’s fuel price fixing? I’m not saying the Bitumen thing is OK. I’m just saying that the same principles should be applied throughout. And I don’t buy the “strategic” product argument either. Maize is equally a strategic product, and the Government killed that cartel very quickly.Now we are re-importing our own maize in the form of chicken meat.

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Matrix, wrote

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03:05pm on 21 February 2012
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So how is this justice? How about us consumers fix the price of oil for a little bit? It would be nice to see R7 per litre again.

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Anonymous, wrote

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02:57pm on 21 February 2012
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The prices will only go UP now just like after the bread price fixing fines.

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Steve, wrote

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02:43pm on 21 February 2012
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Government does not like bitumen price fixing, yet will fix the price of petrol. Problem is bitumen is black, and petrol is all the other colours.

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Adrian, wrote

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02:25pm on 21 February 2012
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Lunch money for these firms

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Anonymous, wrote

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01:36pm on 21 February 2012
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So how do the consumers who paid the price , recover the money that was stolen by these companies ?

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Deebee, wrote

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01:31pm on 21 February 2012
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It's high time that these companies were hit with punitive sanctions. It seems virtually every sector of the economy is cynically manipulated by the dominant players to the detriment of taxpayers and consumers. I would argue we need an economic amnesty, whereby companies, individuals and government employees who are guilty of ripping the system off are allowed to plead guilty in return for lesser punishment. Anyone not doing so should face lengthy jail time.

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