Subsequent to the Commission having referred complaints of excessive pricing of
polypropylene and propylene in the domestic South African market and of price
fixing in respect of polypropylene to the Competition Tribunal (the Tribunal),
Sasol Polymers, a division of Sasol Chemical Industries Limited (SCI), on 14
December 2010, concluded a settlement agreement with the Commission in relation to
its existing propylene supply agreement (the Supply Agreement) with Safripol. At
the time of concluding the Supply Agreement in 1993, neither party understood this
pricing formula to give rise to competition law concerns. However, the Commission,
in terms of the current Competition Act, found that the pricing formula, which
required the exchange of pricing information amounts to indirect price fixing.
This contravention is technical in nature and given the uncertainty surrounding
the legal position in relation to the pricing formula and the technicality of the
matter, it was considered prudent to settle the matter. Sasol Polymers has
therefore agreed to pay a penalty of R112 million, which represents 3% of Sasol
Polymers’ turnover derived from its sale of polypropylene products for the 2009
financial year. The settlement agreement is in full and final settlement of the
Commission's allegations that the pricing formula gave rise to indirect price
fixing. Sasol Polymers and Safripol have also reached agreement on key terms that
are to govern the future monomer supply relationship between the parties, which we
consider to be fully compliant from a competition law perspective. The settlement
agreement was confirmed by the Tribunal on 24 February 2011.
Sasol Polymers does not agree with the Commission's contention that the prices at
which Sasol Polymers supplies propylene and polypropylene are excessive and
consequently, the Commission's allegations in respect of excessive pricing do not
form any part of the settlement agreement concluded between the parties.
On 30 October 2009, after being advised that certain provisions in a suite of
agreements concluded between Sasol Gas, Coal, Energy and Power Resources Limited
(CEPR) and Spring Lights Gas (Pty) Limited (Spring Lights) constituted
contraventions of the Competition Act (the Act), Sasol Gas applied for leniency in
terms of the Commission’s corporate leniency policy and obtained conditional
leniency. On 20 August 2010, Spring Lights concluded a settlement agreement with
the Commission in terms of which Spring Lights acknowledged the mentioned
contraventions and agreed to pay an administrative penalty of R10,8 million. The
settlement agreement was referred to the Tribunal on 1 September 2010 for
confirmation but the matter was postponed sine die to enable the Commission to
make a ruling on an exemption application of Spring Lights.
We continue to interact and cooperate with the Commission in respect of the
leniency applications as well as in the areas that are subject to Competition
Commission investigations. As and when appropriate, we will make further
announcements in respect of material matters.
Sustaining Sasol into the future
Developments in the sustainable development area include the following:
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In July 2010, we concluded an agreement with Gassnova SF, a
Norwegian state-owned enterprise responsible for managing
carbon capture and storage (CCS). This agreement allows us to
participate in the European CO2
Technology Centre Mongstad,
currently under construction in Norway.
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In September 2010, we concluded the Ixia Coal transaction in
line with Sasol Mining’s empowerment strategy and its