Browsing by Subject "cartels"

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    The role of corporate leniency policy in the law enforcement against cartels in the United States, European union and South Africa: lessons for the United Republic of Tanzania
    (2010) Chanzi, Zainab; Davis, Denis
    Cartel practices such as price fixing, market division and bid rigging are very secretive in nature. Moreover, fighting against cartel is one of the tasks which have been given priority by competition authorities all over the world However, competition authorities are facing significant difficulties in detecting and successful prosecuting members of cartel due to the said secretive nature which surrounds the members of the cartel. On the other hand, the introduction of Corporate Leniency Policy has proved to be one of the effective mechanisms which can assist competition authority in the fight against cartels. The purpose of this paper is therefore to show how Corporate Leniency Policy has assisted United States, European Union and South Africa to unearth cartels and prosecute members of cartel practices. It also explores cartel practices in Tanzania and their effects to the economy and consumers. It further demonstrates that it is worth to introduce Corporate Leniency Policy in Tanzania so as to enable the Fair Competition Commission to fight against cartels.
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    The South African bread cartel: a single case study exploring the scope for responsive regulation of white-collar crime in a developing country
    (2024) Patel, Varsha; Van Der Spuy, Elrena
    Criminology traditionally focused on street crimes. In 1939, Sutherland introduced the concept of white-collar crime, which encouraged criminologists to turn their attention to crimes of the rich and powerful. In particular, Australian researcher John Braithwaite has produced a large body of work on white-collar crime. Braithwaite is critical of the professionalisation of criminology that marginalises the community from regulatory activities. Braithwaite argues that the business and community sectors should play a more significant role in regulating white collar crime within conventional justice systems. According to Braithwaite, community activists and industry watchdogs can play a role in holding white-collar criminals accountable and possibly elicit restorative overtures for victims. Braithwaite acknowledges that his model is ideally suited to a developed state with the financial resources and skills to establish and oversee alternative processes. However, he suggests that his model can be adapted to developing spaces by leveraging the capacity embedded in business and community sectors and augmenting deficiencies by partnering with international groups. Recently, the actions of a whistle-blower, supported by civil society mobilisation, exposed the South African Bread Cartel and led to hefty fines for the cartelists, legislative amendments and the development of class action jurisprudence. The bread cartel case demonstrates how communities can contribute to regulating cartels. This dissertation is a single case study of the bread cartel that investigates whether responsive regulation finds resonance in South Africa. Several semi-structured, in depth interviews were conducted. The data was analysed thematically and explored themes like industry bodies, community activism and restorative justice. The findings are surprising. The success of the South African Bread Cartel seems almost accidental. The relationships between and the normative values of the state, business and community sectors appear to influence the scope for responsive regulation. In addition to capacity constraints across sectors, contextual factors like historical legacies and the size and shape of the economy may determine the scope for responsive regulation of white-collar crime in a developing country like South Africa. Such findings provide a map to guide future research.