South Africa: The Criminalisation of Cartel Conduct
South Africa joins an array of other jurisdictions criminalizing cartel conduct such as the United States, Canada, Australia and some European Member States such as the United Kingdom and Germany. On 1 May 2016 legislation criminalizing cartel conduct came into effect in South Africa introducing severe penalties (being a possible fine of R500,000 (about EUR 30,000), or imprisonment for up to ten years, or both). Directors and managers of companies can now be held criminally liable for participating in, or knowingly acquiescing to, cartel conduct (being price fixing, market division and bid rigging). There are some concerns that it may have a negative impact on the Corporate Leniency Policy, which has been used very effectively by the Competition Authorities in uncovering cartel conduct in South Africa.
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