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 | | Posted by admin on Monday, March 20, 2006 - 08:24 PM |
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 |  | AUTOMOTIVE
industry executives and conveyor belt manufacturers will be among the
steel users giving evidence at the Competition Tribunal this week as it
enters a second week of hearings into a complaint of excessive pricing
against Mittal Steel. Hilary Joffe
The manufacturers’ stories are likely
to provide further insights into the complex web of pricing
relationships that Mittal Steel has with its customers.
Smaller steel users such as the complainants, gold
producers Harmony and DRDGOLD, tend to be charged prices based on
import parity. But others pay less because they are larger or are
deemed by Mittal to be strategic.
In presenting its case, Harmony has marshalled evidence
from those who do get special treatment — and those who do not, paying
prices well above those Mittal charges its export customers, or those
domestic customers that get special discounts.
Harmony and DRD- GOLD have accused Mittal of excessive
pricing because it uses import-parity pricing to charge domestic
customers for flat steel far more than it charges in export markets.
To prove the excessive pricing charge, the gold producers
will have to show that Mittal is taking advantage of its dominant
position to set prices significantly higher than those that would
result from effective competition.
They also accuse the steel giant of inducement, alleging
it uses special deals to segment the market and provide inducements to
customers not to import.
Mittal counters that if it supplies domestic customers at
the same prices it charges in export markets, its business would not be
viable in the longer term.
It will argue that it no longer employs import-parity
pricing, that its prices are in line with international norms — and
that its price differentials in the local market are designed to ensure
it does not lose customers because they can not export profitably.
The tribunal heard on Friday from Stephen Leatherbarrow,
the planning director of Barloworld’s Robor Tube, of how Robor
negotiated a special pricing deal with Mittal in 2002.
The arrangement, which applies to SA’s steel tube and
pipe industry as a whole, gives the industry a 17,5% discount on the
list price for overland exports into Africa but uses lower, dollar-
based pricing for exports elsewhere.
Leatherbarrow, whose evidence on the exact size of
Robor’s discount was kept confidential, also told the tribunal of the
complex volumetric discounting system Mittal operates for large
customers.
The maximum possible volume discount is 6,8%, “but no one we know is there”, he said.
Nampak director Alistair Lang earlier briefed the
tribunal on the long-standing special deal on tin plate that
Iscor/Mittal has had with Nampak, which manufactures cans for beverages
and for the canning industry.
The tin plate, automotive and appliances industries are
the three “industry-specific” deals Harmony has cited where Mittal has
special contracts with manufacturers. That is in addition to the system
of export rebates and rebates for value added imports Mittal operates.
Harmony’s lawyers argue the special deals are generally
where there are strong substitute products (such as plastic), or where
local manufacturers are vulnerable to competition from imports.
Heavy equipment maker Bell Equipment, by contrast, has no
special deal. But CE Gary Bell told the tribunal of how, when Bell
switched to importing steel in 2003, Mittal responded by dropping its
price significantly, so that Bell, which was locked into a six-month
contract with a foreign supplier, found itself importing at a cost that
was slightly higher than it could get locally.
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