The Competition Tribunal has rejected an application from Wilson Bayly Holmes-Ovcon (WBHO) for access to legally privileged documents held by the Competition Commission in its case against the construction company. The same case has prompted a R750m damages claim by the South African National Roads Agency Limited (Sanral) against five construction firms including WBHO. The documents relate to the commission’s industry-wide investigation into allegations of bid rigging by several construction firms that was launched in 2009. The WBHO case, which also involves Group Five, is the last matter arising from the industry-wide investigation. The Competition Commission, which has welcomed the tribunal’s decision, previously invited WBHO to settle as part of a fast-track settlement process aimed at speeding up finalisation of the cases. The commission said WBHO had rejected the settlement offer. Group Five and WBHO were accused of entering into a collusive agreement to fix the trading conditi...
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