An assessment of the suitability of the criminal cartel offence in South African competition law

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dc.contributor.advisorKelly, Lukeen_ZA
dc.contributor.authorRamalohlanye, Zandileen_ZA
dc.date.accessioned2014-11-05T03:53:49Z
dc.date.available2014-11-05T03:53:49Z
dc.date.issued2013en_ZA
dc.descriptionIncludes bibliographical referencesen_ZA
dc.description.abstractSection 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.en_ZA
dc.identifier.apacitationRamalohlanye, Z. (2013). <i>An assessment of the suitability of the criminal cartel offence in South African competition law</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/9157en_ZA
dc.identifier.chicagocitationRamalohlanye, Zandile. <i>"An assessment of the suitability of the criminal cartel offence in South African competition law."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2013. http://hdl.handle.net/11427/9157en_ZA
dc.identifier.citationRamalohlanye, Z. 2013. An assessment of the suitability of the criminal cartel offence in South African competition law. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Ramalohlanye, Zandile AB - 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. DA - 2013 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2013 T1 - An assessment of the suitability of the criminal cartel offence in South African competition law TI - An assessment of the suitability of the criminal cartel offence in South African competition law UR - http://hdl.handle.net/11427/9157 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/9157
dc.identifier.vancouvercitationRamalohlanye Z. An assessment of the suitability of the criminal cartel offence in South African competition law. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2013 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/9157en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Commercial Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.titleAn assessment of the suitability of the criminal cartel offence in South African competition lawen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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