A Cartel Offence in South African Law

Abstract

My research concentrates on the implications of cartels and the harm they cause in the South African market. Since the enactment of section 73A of the Competition Act, there have been investigations into the effect on the various markets identified as being at risk. The detection of cartels has been acknowledged as notoriously complex over the years. As complex and egregious as cartels have been viewed to be, I contend and endeavour to prove that stringent laws are required in order to punish offenders, as ultimately it is the consumer who suffers the most. There should therefore be harsh legislation implemented beyond mere administrative penalties being imposed. The implementation of the Corporate Leniency Policy was a clarion call to those involved in cartels to expose their past behaviour and thus gain immunity for their violations. My exposition on cartels will consider the gaps that the present legislative framework presents. I will consider this by drawing from the investigations conducted and outcomes generated by the Competition Tribunal over the years. I will expose a gap that might be filled by traits identified from Canadian Competition law and their prosecution of cartel behaviour. I will also consider the present literature which seeks to expose the challenges which cartels have presented to South African competition law. Finally, I will move on to a comparative analysis considering in particular how Canada has dealt with cartels.