JOHANNESBURG - The Competition Tribunal yesterday said it had dismissed a collusive tendering case against construction company WBHO Construction (WBHO), in which it was accused of collusive tendering in relation to a SA National Roads Agency (Sanral) tender.
The matter stemmed from the commission’s industry-wide probe into the construction industry in 2006. The commission accused WBHO and Group 5 of having entered into a collusive agreement to fix trading conditions in a tender relating to a portion of road along the N17 between New Canada and Soccer City in Johannesburg.
The basis of the commission’s case was a meeting held between construction company representatives in July 2006. The commission alleged that the companies agreed to fix trading conditions at this meeting. Group 5 had applied for and was granted leniency in respect of this case. WBHO had opposed the matter.
It argued that there had been confusion regarding the allocation of risk on the project and that mutual concerns and dissatisfaction in this regard had been discussed at the meeting. The tribunal found that the commission was unable to prove that there was an agreement between the companies to align their bids for the tender.