Competition Commission of South Africa Settles Nine-Year Litigation with Willowton Group

Competition Commission of South Africa Settles Nine-Year Litigation with Willowton Group
Photo: pexels.com 19.02.2025 356

As part of the settlement, the company agreed to pay R1 million (approx. $54,000). 

The Competition Commission (Commission) said on Tuesday that they welcomed the Competition Tribunal’s order, issued on 17 February 2025, confirming the settlement agreement of R1 Million concluded between the Commission and DH Brothers Industries (Pty) Ltd trading as the Willowton Group.

The Commission stated that this settlement agreement brings to an end nine years of litigation between the Commission and the Willowton Group over allegations of price fixing in respect of edible oils and baking fats.

In 2016, the Commission brought proceedings against Willowton Group and five other companies for allegedly “engaging in price fixing and/or fixing of trading conditions in the market for the supply of edible oils, including baking fats and margarine in South Africa” in contravention of section 4(1)(b)(i) of the Competition Act.

“The Respondents allegedly agreed on price increases for edible oils, including baking fats and margarine as well as the timing for such increases. The conduct is alleged to have been in place as far back as 2007. This settlement follows protracted litigation between the Commission and the Willowton Group which included the setting aside of the Commission’s warrant to search and seize evidence from the premises of the Respondents and the review application to set aside the Commission’s summons and investigation,”

said the Commission in a press release.

The Commission added that the North Gauteng High Court was still to hear the review application when the Commission and the Willowton Group agreed on the settlement. The investigation against Wilmar Continental Edible Oils and Fats, Africa Sun Oil Refineries, Epic Foods, Sea Lake Investments and Unity Food Products is ongoing. The Commission’s investigation against FR Waring Holdings has since been discontinued.

The Commission said that the Willowton Group has agreed to settle the complaint with the Commission without admission of liability and has agreed to pay a settlement amount of 1 million rand and has made public interest commitments amounting to 100 million rand over a period of five years which includes a bursary fund of 20 million rand over the same period.

Source: IOL

food markets  South Africa 

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