Amongst the Competition Amendment Act 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's Cardinal Sin
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.