n Without Prejudice - The characterisation exercise : taking cognisance of context : competition law

Volume 15, Issue 5
  • ISSN : 1681-178X



Not all arrangements between competitors, which result in either the competitors' goods or services being uniformly priced, or allocated or limited to certain territories have the design, intention or effect of stamping out competition. Should these type of arrangements nevertheless be deemed to be collusive conduct, falling within the scope of s4(1)(b) of the Competition Act (89 of 1998), simply because there has been consensus between competitors?

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