oa Juta's Business Law - Prison beckons directors involved in cartels
Under the Competition Act 89 of 1998 ('the Act'), the competition authorities may examine and deal with the conduct of firms involved in prohibited practices. But the Act is not designed to allow those authorities to scrutinize and respond to the individual conduct of the directors or officers of firms engaged in those practices. As a result, the Act contains no legal measures against directors or officers of firms except in cases of hindering the administration of the Act or failing to comply with lawful orders of the authorities responsible for administering and enforcing the Act. Even then, the jurisdiction to impose appropriate sanctions is bestowed on ordinary courts with powers to impose criminal sanctions. The competition authorities are only entitled to impose administrative penalties on firms.
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