Backpedalling From A Cartel

Omnico (Pty) Limited and Another v Competition Commission and Others 142/CAC/JUNE16 (19 December 2016)

On 19 December 2016, the Competition Appeal Court (“CAC”) handed down its decision in the bicycle cartel case, Omnico (Pty) Limited and Another v Competition Commission and Others.  The CAC was asked to consider whether the silent participation by firms at a meeting where cartel activity was discussed amounts to a price-fixing cartel, in contravention of section 4(1)(b)(i) of the Competition Act, 89 of 1998.  At the […]

Criminalisation of Cartels

Time to ratchet things up on cartels! From a report in the Business Day of Friday, 22 April 2016, that’s effectively the message of the Minister of Economic Development, Mr Ebrahim Patel. The Minister appears bent on using section 73A of the Competition Amendment Act to criminalise hard-core cartel practices such as price-fixing, market division and collusion in tenders (bid rigging). Granted, cartel practices have worldwide been declared a most egregious offence which has no place in a sound economy […]