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bold spirit - ArcelorMittal South Africa

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23<br />

<strong>ArcelorMittal</strong> <strong>South</strong> <strong>Africa</strong><br />

Annual Report 2010<br />

Competition Commission<br />

matters<br />

The Competition Commission (“the<br />

Commission”) is formally investigating<br />

the following four cases against<br />

<strong>ArcelorMittal</strong> <strong>South</strong> <strong>Africa</strong>.<br />

Scrap metal investigation<br />

Arising out of an immunity<br />

application from the Commission’s<br />

2008 scrap metal industry<br />

investigation, it alleges that we<br />

contravened of the Competition Act<br />

in our dealings with a major scrap<br />

supplier, of substantially lessening<br />

and/or preventing competition in<br />

the scrap market.<br />

Price fixing of flat steel products<br />

Following a complaint, the<br />

Commission summoned us to provide<br />

it with information regarding an<br />

investigation into the allegation that<br />

during the period 1 January 2005<br />

to the present time we and another<br />

major flat steel producer in <strong>South</strong><br />

<strong>Africa</strong> engaged in price fixing.<br />

Investigation into wire rod, flat<br />

products and fencing standards<br />

The Commission is investigating<br />

allegations of preferential pricing to a<br />

large long-steel-products customer<br />

between the period September<br />

2000 and December 2008 and<br />

differential pricing strategies for flat<br />

and long steel products to customers<br />

with respect to transport of the<br />

affected products.<br />

We are co-operating fully with the<br />

commission in these investigations<br />

and have delivered all the requested<br />

documentation to the Commission.<br />

None of these matters has been<br />

referred by the Commission to<br />

the Competition Tribunal (“the<br />

Tribunal”).<br />

Matters that have been referred<br />

by the Commission to the Tribunal<br />

have been disclosed as contingent<br />

liabilities in the notes to the financial<br />

statements as fully described on<br />

page 193.<br />

Tinplate investigation<br />

The Commission alleged that we<br />

charged excessive prices for our local<br />

tinplate and gave special rebates to<br />

large tinplate customers.

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