Sasol Nitro Settlement and Competition Law Compliance Review
May 06 2009 - 5:05AM
PR Newswire (US)
JOHANNESBURG, South Africa, May 6 /PRNewswire-FirstCall/ -- Sasol
(NYSE: SSL) announced in January 2009 that as part of the Group's
ongoing legal compliance programme Sasol Limited had initiated a
comprehensive competition law compliance review of all Sasol
businesses in July 2008. As previously announced Sasol will, in the
course of conducting the competition law compliance review, adopt
appropriate remedial steps and make disclosures on material
findings and developments as and when appropriate. These activities
are still in progress across all of Sasol's businesses. Although it
was envisaged in January 2009 that the review process would be
completed during the first half of 2009 current progress indicates
that the review should be completed in the second half of 2009.
Although the competition law compliance review of Sasol Nitro has
not been completed in all respects, Sasol is now in a position to
disclose the following material developments in respect of the
phosphoric acid and fertiliser businesses of Sasol Nitro. As
indicated in our announcement made in January 2009, additional
information has been revealed by the competition law compliance
review process relevant to previously disclosed competition law
legal proceedings in respect of the Nutri-Flo matter and the
phosphoric acid investigation (See pages 179 - 181 of the 2008
Annual Financial Statements and pages 75 - 77 of the 2008 Annual
Report submitted on Form 20-F to the United States Securities and
Exchange Commission for the previous public disclosures in these
matters) and that settlement discussions had commenced with the
South African Competition Commission. These discussions with the
Competition Commission have progressed to the extent that a
settlement agreement has been concluded with the Competition
Commission. Subject to confirmation by the Competition Tribunal,
the agreement will have the effect of a full and final settlement
and conclusion of all proceedings between the Commission and Sasol
Chemical Industries Limited relating to any alleged contraventions
by Sasol Chemical Industries Limited (Sasol Nitro division) of
section 4(1)(b) (prohibiting collusive conduct) of the South
African Competition Act that were the subject of the Commission's
investigations in respect of the Nutri-Flo matter (under case
numbers 31/CR/May05) and the phosphoric acid investigation (under
2007Aug3147 and 2007Dec3382). In terms of the agreement Sasol
Chemical Industries Limited will pay an administrative penalty of
R188, 01 million. Provisions raised this financial year are
sufficient to cover this administrative penalty. Steps have been
taken by Sasol Nitro to address these areas of non-compliance. The
allegations by the Competition Commission relating to excessive
pricing and exclusionary conduct flowing from the Nutri-Flo and
Profert complaints are not, however, part of the settlement
agreement. Sasol has been in discussions with the Commission about
these matters and hope to resume discussions at an opportune time.
These matters have not proceeded sufficiently to assess any
potential adverse financial impact with reasonable accuracy.
Shareholder's attention is drawn to the media release attached to
this announcement regarding the above settlement agreement. Sasol
settles with Competition Commission regarding allegations of
collusion in its fertiliser and phosphoric acid businesses Sasol
Nitro, a division of Sasol Chemical Industries Limited, has reached
a settlement agreement with the Competition Commission of South
Africa, relating to its fertiliser and phosphoric acid businesses.
The agreement is subject to confirmation by the Competition
Tribunal. In January this year, Sasol announced that as part of its
ongoing legal compliance programme, Sasol Limited initiated a
competition law compliance review in July 2008 of all Sasol
businesses. The competition law compliance review proactively
analyses business activities across Sasol Limited and its
subsidiaries to ensure that such activities are compliant. Although
it was envisaged in January 2009 that the review process would be
completed during the first half of 2009 current progress indicates
that the review should be completed in the second half of 2009. "We
announced at the start of this year that the compliance review is
rigorously scrutinising all our businesses and that in some areas
problems of potential non-compliance had been identified. We have
worked closely with the Competition Commission in seeking
resolution to these matters and while this settlement agreement is
an important step, there is much work ahead and we remain committed
to following through on each matter in order to achieve full
compliance," Sasol chief executive Pat Davies said. As a result of
findings by the internal competition law compliance review, Sasol
engaged with the Competition Commission in December 2008, with the
intent to settle the Sasol Nitro matters including alleged
collusive conduct in the fertiliser business, issues referred to
the Competition Tribunal by Nutri-Flo and Profert as well as issues
related to phosphoric acid. The settlement agreement relates to
matters of alleged collusion. Sasol and the Commission remain in
discussion regarding outstanding allegations of abuse of dominance.
Fertiliser business During December 2008, Sasol's internal
competition law compliance review revealed evidence of potentially
collusive conduct in the fertiliser business of Sasol Nitro. The
matter was reported to the Competition Commission by Sasol
management when they became aware of the conduct. The review
indicated that the conduct in respect of fertilisers ceased in 2004
and although these activities are not identical to those referred
to in the Nutri-Flo matter a further review concluded that
committees were set up to coordinate business practices, derive
forecasted market shares and ensure balance of supply and demand.
Accordingly, Sasol entered into settlement discussions with the
Commission in respect of the Nutri-Flo matter. The remainder of the
Nutri-Flo matter and the Profert matter, which deal with
allegations of abuse of dominance in the market place, form the
subject-matter of continuing engagement between Sasol and the
Competition Commission. Phosphoric acid business In August of 2007,
the Competition Commission initiated a complaint against Foskor and
Sasol relating to possible contraventions of the Competition Act in
respect of phosphoric acid. The complaint against Sasol related to
its agreement with Foskor which was concluded to ensure the
continued viability of Sasol's Phalaborwa phosphoric acid
operations and was not intended to breach any competition laws.
Upon receiving external legal advice, Sasol concluded that certain
provisions of these agreements may be a contravention of the
Competition Act. The restrictive clause within the agreement was
terminated in 2007. Settlement conclusion An administrative penalty
of the amount of R188,01 million has been agreed by Sasol and the
Competition Commission. While many of these activities took place
and then ceased some years ago, Sasol deeply regrets that these
activities occurred. Sasol remains committed to rooting out any
non-compliance within its businesses and to achieving full
compliance with all legislation. "The conduct, identified in these
investigations of the Sasol Nitro business, is unacceptable and
runs counter to our Sasol values," said Sasol Nitro MD, Marius
Brand. "This settlement agreement is an important step and we are
looking forward to concluding outstanding matters," Brand said.
Contact: Jacqui O'Sullivan Sasol: group communication manager Tel:
+27 11 441 3252 Fax: +27 11 522 9994 Email: DATASOURCE: Sasol
Limited CONTACT: Jacqui O'Sullivan of Sasol Limited, +27 11 441
3252, fax, +27 11 522 9994,
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