The recently assented Competition Amendment Act holds major implications for directors and senior management of companies alike. Amongst others, the Act seeks to introduce provisions to hold personally accountable, and criminally liable, those individuals who cause firms to engage in cartel conduct; and to authorise the Competition Commission to excuse a respondent to a complaint if the respondent has assisted the competition authorities in the detection and investigation of cartel conduct. The ABC recommends that agribusinesses study the Act carefully  in order to align themselves with the provisions of the Act.

Download the Competition Amendment Act as it was published in the Government Gazette, by clicking here

 

 

The Competition Amendment Bill has been assented by the President, despite concerns related to the constitutionality of this legislation. This new Act will soon hold major implications for  Directors and Senior Management within companies – please read Werksmans bulletin in this regard very carefully

Download the bulletin by Werksmans by clicking here

 

Within BUSA, and specifically in the Consumer Protection Bill Task Team  in which the ABC serves, the issue was raised about industry associations and what is, and what is not, allowed to be discussed within their meetings to ensure that Competition legislation is not transgressed. Please see the presentation of the Competition Commissioner to BUSA in this regard.

Download the Presentation by the Competition Commission on Industry Associations

 

The competition authorities appear to be on a drive to eradicate cartels. Not a week seems to go by without some announcement in the press of the Competition Commission (“Commission”) uncovering another cartel. The Commission has dealt with several cases involving cartel behaviour. Cartels have been uncovered in the airline, steel, milk, bread, piped gas and petroleum industries, and even the bicycle industry, to mention a few.

A legal brief, from Werksmans explains “What is a cartel”, “What type of behaviour is prohibited”, “Punishment of cartel offences”, “How are cartels uncovered” and “What is the effect of cartel conduct”.

To read about the Competition’s Cardinal Sin, Cartels, click here to download the document by Werksmans Incorporated

The Competition Amendment Bill (“the Bill”) introduces significant reforms to the Competition

Act including criminalisation provisions and provisions relating to regulation of so called “complex monopolies”. The Bill has been passed by Parliament and is currently with the President for signature. Constitutional concerns are however delaying signature of the Bill by the President.

Download the document by Werksmans, on the Competition Amendment Bill, here.

 

In terms of the Competition Act the Minister of Trade and Industry has proposed certain important insertions and omissions in the Competition Act in terms of mergers. This is important information that ABC members must take cognisance of. There is still an opportunity to comment on the proposed changes and your inputs in this regard would be appreciated. Please these return by 28 October 2008.

Competition Act Notification part 1

Competition Act notification part 2