n Without Prejudice - Crisis cartels - can an economic downturn justify cartel conduct? : competition law




In times of economic strife, competitors may attempt to work together in order to stay afloat. In South Africa, the impact of a weak rand, for example, has previously been the impetus for competitors to coordinate their conduct. Several cartel cases prosecuted by the competition authorities (for example, in airlines, scrap metal, and canned fruit) have arisen out of dire financial circumstances in a particular sector.


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