South Africa Competition Act 89 of 1998
Chapter 2 Part A: restrictive horizontal and vertical practices – South Africa Competition Act 89 of 1998

South Africa Competition Act 89 of 1998 4-1b: No cartel conduct: price fixing, market division or collusive tendering

What does 4-1b require?

An agreement, concerted practice or association decision between competitors is prohibited outright, with no efficiency defence, if it involves fixing, directly or through intermediaries, a buying or selling price or any other term of trade; carving up markets by customer, supplier, territory or product type; or rigging tenders (section 4(1)(b)). These are the per se cartel offences: the Tribunal may impose an administrative penalty of up to 10 per cent of annual turnover (25 per cent for repeat conduct) and, since 1 May 2016, directors and managers who cause or knowingly acquiesce in the conduct face criminal prosecution under section 73A.

Maintained by Gerard Blokdyk

Other controls in Chapter 2 Part A: restrictive horizontal and vertical practices – South Africa Competition Act 89 of 1998

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