n Without Prejudice - Trampling over constitutional rights : competition law

Volume 9, Issue 8
  • ISSN : 1681-178X



The stated object of the Competition Amendment Bill, 2008, which proposes to amend the Competition Act, 1998, is not to overhaul the Competition Act completely but, rather, to strengthen effective enforcement by allowing for:

  1. closer scrutiny of practices which tend to prevent or distort competition in any particular market (most notably, cartels);
  2. the institution of a market enquiry process; and
  3. the personal liability of directors and managers who engaged in, or knew of, the cartel activities of the firm in question (Introduction to the Bill, and Notice of Introduction of the Competition Amendment Bill into Parliament, Government Gazette 31101, May 29 2008).

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