The criminalisation of cartel conduct in South Africa and the United Kingdom
Master Thesis
2013
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University of Cape Town
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Abstract
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.
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Includes bibliographical references.
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Merdian, M. 2013. The criminalisation of cartel conduct in South Africa and the United Kingdom. University of Cape Town.