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An assessment of the suitability of the criminal cartel offence in South African competition law
Includes bibliographical references
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| Main Author: | |
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| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Commercial Law
2014
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| _version_ | 1867613169669636096 |
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| access_status_str | Open Access |
| author | Ramalohlanye, Zandile |
| author2 | Kelly, Luke |
| author_browse | Kelly, Luke Ramalohlanye, Zandile |
| author_facet | Kelly, Luke Ramalohlanye, Zandile |
| author_sort | Ramalohlanye, Zandile |
| collection | Thesis |
| description | Includes bibliographical references |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/9157 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:31:52.071Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/9157 An assessment of the suitability of the criminal cartel offence in South African competition law Ramalohlanye, Zandile Kelly, Luke Includes bibliographical references Section 73A of the Competition Amendment Act 1 of 2009 which will be inserted into the Competition Act 89 of 1998, will hold directors/executives criminally liable for infringing s4(1)(b) of the Competition Act. Section 4(1)(b) specifically prohibits firms from engaging in price-fixing, collusive tendering, market allocation which are regarded as egregious forms of activity. The underlying justification for the cartel offence is the protection of consumer welfare and on the other hand to address the under-deterrent nature of monetary administrative penalties in the fight against cartels. In its current form, s73A has several weaknesses which will negatively impact competition enforcement; particularly the leniency policy which is the Commission’s most effective weapon against cartelisation. The emergence of follow-on damages litigation as a legal remedy and class actions as a procedural mechanism in the bread class action, have paved the way for private competition enforcement as a more effective deterrent. The lack of a statutory regulatory framework compelled the courts to develop the common law regarding follow-on damages litigation and class actions. Although the exercise has highlighted the challenges associated with the lack of judicial guidance in developing directives, it has indicated that private competition enforcement is a pragmatic solution for cartelisation. 2014-11-05T03:53:49Z 2014-11-05T03:53:49Z 2013 Master Thesis Masters LLM http://hdl.handle.net/11427/9157 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Ramalohlanye, Zandile An assessment of the suitability of the criminal cartel offence in South African competition law |
| thesis_degree_str | Master's |
| title | An assessment of the suitability of the criminal cartel offence in South African competition law |
| title_full | An assessment of the suitability of the criminal cartel offence in South African competition law |
| title_fullStr | An assessment of the suitability of the criminal cartel offence in South African competition law |
| title_full_unstemmed | An assessment of the suitability of the criminal cartel offence in South African competition law |
| title_short | An assessment of the suitability of the criminal cartel offence in South African competition law |
| title_sort | assessment of the suitability of the criminal cartel offence in south african competition law |
| url | http://hdl.handle.net/11427/9157 |
| work_keys_str_mv | AT ramalohlanyezandile anassessmentofthesuitabilityofthecriminalcarteloffenceinsouthafricancompetitionlaw AT ramalohlanyezandile assessmentofthesuitabilityofthecriminalcarteloffenceinsouthafricancompetitionlaw |