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2012 ICN Cartel Workshop Panama City, Panama 2 – 4 October 2012

Plenary I: Overview of Anti-Cartel Enforcement Manual Chapters – Best Practices Searches, Raids and Inspections A South African perspective. 2012 ICN Cartel Workshop Panama City, Panama 2 – 4 October 2012. Bongani Ngema Competition Commission of South Africa. OUTLINE. Background

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2012 ICN Cartel Workshop Panama City, Panama 2 – 4 October 2012

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  1. Plenary I: Overview of Anti-Cartel Enforcement Manual Chapters – Best PracticesSearches, Raids and InspectionsA South African perspective 2012 ICN Cartel WorkshopPanama City, Panama2 – 4 October 2012 Bongani Ngema Competition Commission of South Africa

  2. OUTLINE • Background • Rationale • Our experience • Criteria • Challenges

  3. BACKGROUND • Derive authority from law • Conducted on the basis of a warrant • Can also be executed without a warrant • Commission’s internal procedure manual on executing RAIDS based on Anti- Cartel Enforcement Manual

  4. RATIONALE • Evidence can be obtained quickly • The investigation strategy is not compromised • Encourages Leniency applications • Creates public awareness about the work of the Commission

  5. OUR EXPERIENCE • Numerous Searches conducted since the establishment of the CCSA • Led to leniency applications • Cement case • First Search set aside • Subsequent Search successful • Leniency application received • Total fines amounted to over R277million (US$34million)

  6. CRITERIA • The likelihood that evidence will be found at the premises • Consider other less intrusive ways to secure evidence • The likelihood that the respondent will destroy or conceal evidence • Extent of the conduct (proportionality)

  7. CHALLENGES • Costs • Outsourcing of digital evidence gathering • Issues about legal privilege • Delays in the analyses of large volumes of data and documents seized

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