SASOL POLYMERS’ SETTLEMENT OF SECTION 4 COMPLAINT

Date

14 December, 2010

As previously disclosed by Sasol Limited as part of its ongoing disclosures, the South African Competition Commission has been investigating the South African polymers industry. Sasol Polymers, a division of Sasol Chemical Industries Limited (“Sasol Polymers”), has now concluded a settlement agreement with the Competition Commission (“the Commission”) in relation to its existing propylene supply agreement (“the Supply Agreement”) with Safripol (Proprietary) Limited (“Safripol”). The Commission concluded that the pricing provisions of the Supply Agreement gave rise to indirect price fixing between Sasol Polymers and Safripol.

The Supply Agreement was concluded pursuant to concerns raised by Safripol in relation to the proposed merger in 1993 of Sasol Limited and AECI Limited’s monomer, polymer and certain other chemical operations. To address these concerns, the then Competition Board required a supply agreement, which would ensure Safripol’s ongoing access to propylene according to a pricing formula, which would result in market-related prices. At the time, 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 was not as a result of an intentional agreement to fix prices. The terms of the Supply Agreement, including the pricing formula, were prompted by the Competition Board’s requirements.

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 R 111 690 000, which represents 3% of Sasol Polymers’ turnover derived from its sale of polypropylene products for its financial year ending 2009. The settlement agreement is in full and final settlement of the Commission's allegations that the pricing formula gave rise to indirect price fixing.

The settlement agreement is subject to confirmation by the Tribunal.

Norbert Behrens, general manager group strategy and planning at Sasol Limited said, "As previously indicated Sasol completed an extensive competition law compliance review in 2009. This is one of the matters outstanding and is now being brought to finality, in line with our approach to be fully compliant and resolve any competition law issues including technical ones.”

As part of its investigation into the polymer industry, the Commission has also contended that the prices at which Sasol Polymers supplies propylene and polypropylene are excessive. Sasol Polymers does not agree with the Commission's position in this regard and is contesting the Commission's allegations. Consequently, the Commission's allegations in respect of excessive pricing do not form any part of the settlement agreement concluded between the parties.

last updated: 14 Dec 2010

Total Stores	Division	Store Location	Address	Tel No
1	Relabelled	Salt River	29 Brickfield Road, Salt River, Cape Town	(021)4479913
2	Relabelled	Bellville	Shop 4, Corner Voortrekker Rd & Durban RD, Bellville	(021)9171860
3	Relabelled	Kenilworth	Unit number 3 access park, Chichester road, Kenilworth	(021)6714778,
4	Relabelled	Kuilsrivier	Shop 4 & 5 Access Park, Kuilsrivier	(021)9031294 061 287 3980
5	Relabelled	Mobeni	Cnr Grimsby & Leicester Rd, Mobeni, Durban	(031)4620540 W\House (031) 469 9409
6	Relabelled	Pier 14	21A Pier 14, Shopping Centre, Port Elizabeth	(041)4841575 083 5176 728
7	Relabelled	Marlboro	13 Sparten Crescent ,Marlboro , Ext 3 Johannesburg	(011) 262 0460
8	Relabelled	Soweto	Maponya Shop 200 2127 Chris hani Road, klipspruit ext5 Soweto	(011) 933 1023
9	Relabelled	Umlazi	Shop 155 Umlazi Mega City 50 Griffiths Mxenge Highway Umlazi	(031) 902 1325
10	Relabelled	Epping	10 Losack avenue , epping industrial	(021) 534 0401
1	BCWC	Kloof	Lifes on Kloof, 50 Kloof Street, Gardens ,Cape Town, shop G-15	(021) 422 1593 078 211 8051
2	BCWC	Canal Walk	Shop 619 Canal Walk , Century BLVD, Century City , Cape Town 7441	(021) 551 2891
3	BCWC	Monte Casino	Shop 80B Montecasino, No1 Monticasino Bouelvard Fourways , 2191 Magents	(011) 465 0438
4	BCWC	Menlyn	Shop UF 42 & 43 cnr atterbury road & lois avenue , menlo park , Pretoria	(012) 764 9600
5	BCWC	Balito	SHOP 608 LEONORA DRIVE,DOLPHIN COAST,BALLITO,4399	032 586 0242
6	BCWC	Rosebank	Shop GF08, The Zone, Rosebank mall, Oxford Street, Johannesburg	(011)268 1114
1	Magents	Canal Walk	Shop 08 , Century Blvd , Century City 7441	(021) 551 2533 JP CELL: 064 686 4026
2	Magents	Monte Casino	Shop 21 Montecasino, No1 Monticasino Bouelvard Fourways , 2191 Magents	(011) 465 6721 074 669 6310 073 804 4352 079 884 7607
3	Magents	Menlyn	MENLYN MALL , SHOP G190 CNR ATTERBURY ROAD & LOIS AVENUE,MENLO PARK,PRETORIA	(012) 348 4725 073 8677 468 - Sieya , kiley , OUPA, Micheal
4	Magents	Balito	SHOP 608 LEONORA DRIVE,DOLPHIN COAST,BALLITO,4399	061 521 7446 032 586 1467
1	WSA	Menlyn	MENLYN MALL ,LF41A CNR ATTERBURY ROAD & LOIS AVENUE,MENLO PARK,PRETORIA	Vicky - 078 816 1921 land line - 012 348 4766
6	BCWC	Rosebank	Shop GF08, The Zone, Rosebank mall, Oxford Street, Johannesburg	(011)268 1114
1	Magents	Canal Walk	Shop 08 , Century Blvd , Century City 7441	(021) 551 2533 JP CELL: 064 686 4026
2	Magents	Monte Casino	Shop 21 Montecasino, No1 Monticasino Bouelvard Fourways , 2191 Magents	(011) 465 6721 074 669 6310 073 804 4352 079 884 7607
3	Magents	Menlyn	MENLYN MALL , SHOP G190 CNR ATTERBURY ROAD & LOIS AVENUE,MENLO PARK,PRETORIA	(012) 348 4725 073 8677 468 - Sieya , kiley , OUPA, Micheal
4	Magents	Balito	SHOP 608 LEONORA DRIVE,DOLPHIN COAST,BALLITO,4399	061 521 7446 032 586 1467
1	WSA	Menlyn	MENLYN MALL ,LF41A CNR ATTERBURY ROAD & LOIS AVENUE,MENLO PARK,PRETORIA	Vicky - 078 816 1921 land line - 012 348 4766

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SASOL POLYMERS’ SETTLEMENT OF SECTION 4 COMPLAINT

SASOL POLYMERS’ SETTLEMENT OF SECTION 4 COMPLAINT