Browsing by Author "Merdian, Markus"

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    The criminalisation of cartel conduct in South Africa and the United Kingdom
    (2013) Merdian, Markus; Kelly, Luke; Davis, Dennis
    Preventing cartels from forming or detecting and punishing existing cartels should therefore be an important task in every country. This paper shows how South Africa and the United Kingdom deal with this task by introducing criminal sanctions into their competition law for individuals engaging in cartel conduct. As the criminal law is the ultima ratio of a constitutional state, its introduction into competition law needs some justification. In the context of competition law, criminal law is not designed to punish the offender retrospectively but to deter people from cartel conduct according to the utilitarian approach.