In this issue:
Global Cartel Enforcement
he South African Department of Trade and Industry (“DTI”) has proposed significant amendments to the South African Competition Act (“Act”). These amendments focus on the powers of the Competition Commission (“Commission”) to investigate and prosecute prohibited practices by firms operating in South Africa. The DTI was motivated by concerns expressed in Parliament about the recent spate of high profile cases involving anticompetitive conduct by companies (such as Tiger ConsumerBrands (bread) , Adcock Ingram (pharmaceuticals), and Clover (milk)) supplying basic goods to poor and vulnerable consumers.
This paper considers both the existing civil regime for enforcing prohibitions on cartel behavior, as well as noting certain aspects of the foreshadowed criminal sanctions.
Until recently, the Korea Fair Trade Commission had focused most of its resources on ex ante regulation of “chaebol” (i.e., large business groups) in addition to areas that involve unfair trade and subcontracting practices disputes between companies. However, starting in 2000 the KFTC has been successful in reforming the MRFTA and its practices.
U.S. Cartel Enforcement