Includes bibliographical references. / Preventing cartels from forming or detecting and punishing existing cartels should therefore be an important task in every country. This paper shows how South Africa and the United Kingdom deal with this task by introducing criminal sanctions into their competition law for individuals engaging in cartel conduct. As the criminal law is the ultima ratio of a constitutional state, its introduction into competition law needs some justification. In the context of competition law, criminal law is not designed to punish the offender retrospectively but to deter people from cartel conduct according to the utilitarian approach.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:uct/oai:localhost:11427/4667 |
| Date | January 2013 |
| Creators | Merdian, Markus |
| Contributors | Kelly, Luke, Davis, Dennis |
| Publisher | University of Cape Town, Faculty of Law, Department of Commercial Law |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Master Thesis, Masters, LLM |
| Format | application/pdf |
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