The Competition Tribunal has dismissed a collusive tendering case against construction firm WBHO Construction relating to a Johannesburg road tender. In its 2015 referral to the tribunal, the Competition Commission alleged that WBHO had colluded with Group Five Construction by fixing contractual conditions related to the N17 link road between New Canada and Soccer City. It alleged that the two companies had agreed on a preferred set of contractual conditions for the SA National Roads Agency Limited (Sanral) tender. The commission alleged that the two companies met in July 2006 under the auspices of the SA Forum of Engineering Contractors (Safec) to rig the tender. “On the commission’s version, the companies met to discuss their dissatisfaction over the tender’s contractual conditions. They agreed on how Sanral should restructure these with the effect of assigning less risk to the contractors and more risk to Sanral,” the tribunal said on Thursday. While Group Five applied for and ...

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