A Cartel Offence in South African Law

dc.contributor.advisorVan Heerden, C.M. (Corlia)
dc.contributor.emailtjiane.graham@gmail.comen_ZA
dc.contributor.postgraduateTjiane, Graham Mogau
dc.date.accessioned2020-12-09T13:09:29Z
dc.date.available2020-12-09T13:09:29Z
dc.date.created2020
dc.date.issued2019
dc.descriptionMini Dissertation (LLM)--University of Pretoria, 2019.en_ZA
dc.description.abstractMy 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.en_ZA
dc.description.availabilityUnrestricteden_ZA
dc.description.degreeLLMen_ZA
dc.description.departmentMercantile Lawen_ZA
dc.identifier.citationTjiane, GM 2019, A Cartel Offence in South African Law, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/77331>en_ZA
dc.identifier.otherA2020en_ZA
dc.identifier.urihttp://hdl.handle.net/2263/77331
dc.language.isoenen_ZA
dc.publisherUniversity of Pretoria
dc.rights© 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
dc.subjectUCTDen_ZA
dc.titleA Cartel Offence in South African Lawen_ZA
dc.typeMini Dissertationen_ZA

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