n Without Prejudice - Shifting the burden of proof : the nature of director's liability : competition law

Volume 9, Issue 4
  • ISSN : 1681-178X



S12 of the Competition Amendment Bill1 contains one of the most hotly debated amendments to the existing South African competition law regime. The proposed inclusion of s73A of the Competition Act will introduce personal criminal liability for managers and directors of firms found to have engaged in a prohibited practice in terms of s4(1)(b)3 of the Competition Act. However, concern surrounding the constitutional validity of such a provision has generated considerable unease, and President Kgalema Motlanthe has refused to sign the proposed amendments into law.

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