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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 Drafting and Implementing a Leniency Programme A South African perspective . 2012 ICN Cartel Workshop Panama City, Panama 2 – 4 October 2012. Bongani Ngema Competition Commission of South Africa. OUTLINE.

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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 PracticesDrafting and Implementing a Leniency ProgrammeA South African perspective 2012 ICN Cartel WorkshopPanama City, Panama 2 – 4 October 2012 Bongani Ngema Competition Commission of South Africa

  2. OUTLINE • Background • Effect of CLP on Anti-Cartel enforcement • Major investigations • Challenges • Recommendations

  3. BACKGROUND • Introduced in 2004 • Based on US,EU,UK,Canada and Australia Programmes • Revised in 2008 to incorporate best practices • Markers • Wording amended to clarify that immunity will be granted where the applicant meets all then conditions • Instigators • Discretion for the Commission to consider reduced fines for subsequent applicants • Oral submissions • Contact person

  4. EFFECT OF CLP ON ANTI-CARTEL ENFORCEMENT CLP Introduced

  5. MAJOR CARTEL INVESTIGATIONS Bread cartel • Involved 4 biggest bakeries (60% of the market) • Fixed prices and allocated markets • Leniency applicant provided information • Part of the investigation completed and referred for adjudication in 2 months! • Highest fine ever imposed in SA (R340million: US$41million)! • Led to investigations into milling

  6. MAJOR CARTEL INVESTIGATIONS Construction cartel • Started as a market study into the construction of stadia • One of the biggest construction firms applied for leniency • Invitation to settle • 21 firms applied (24 implicated) • Investigations and settlements will be completed within 36 months • CLP applications led to investigation into the pilings, reinforcing steel etc.

  7. CHALLENGES • The legality of CLP has been challenged in court • Leniency applications containing incomplete information or circumstances that do not constitute cartel conduct • Implementing the CLP in the environment of criminalised cartel conduct • Negative public perception due to instigators escaping sanction or enjoying some leniency

  8. RECOMMENDATIONS • Consider a move towards a multiple leniency arrangement rather than the “Winner takes all” approach • Awareness programmes to highlight the benefits of CLP • Whistleblowing programmes

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