n Without Prejudice - Cartel members liable for passive participation : competition law
|Article Title||Cartel members liable for passive participation : competition law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Publication Date||Apr 2014|
|Pages||100 - 101|
The Competition Appeal Court (CAC) recently delivered a judgement which gives direction on the approach of competition authorities towards members of cartels that rely on their passive participation to deny liability. The decision in Reinforcing Mesh Solutions (Pty) Ltd and Vulcania Reinforcing (Pty) Ltd v The Competition Commission and Others confirms that passive constitutes being a party to a cartel.
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