Africa: Cartel combat
Since its inception the Competition Act No 89 of 1998 has proved to be a formidable force in combating anti-competitive behaviour in South Africa. In the last year the Competition Authorities have rigorously applied the Act to fight cartel activity, particularly in the construction and fertiliser industries. 2009 has seen some of the largest fines imposed on companies found guilty of participating in cartels. The last year has also seen the enactment of the Competition Amendment Act, the commencement of which has yet to be announced and has severe consequences for directors and managers of companies found to have participated in a cartel.
2009 has seen some of South Africa’s largest fines for anti-competitive behaviour and with further legislation due in 2010, company executives are now in the spotlight, say Paul Coetser and Louella Tindale
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