Elements of Cartel Conduct

This article examines the elements of 'cartel conduct' in light of the Competition Tribunal's decision in Competition Commission / Pioneer Foods.

Introduction
The last two years have seen a significant shift in the application of resources and energies of the South African Competition Commission. The merger thresholds that trigger the statutory notification requirements were substantially increased. These circumstances coincided with the imminent threat of criminal sanctions arising from the amendments to the Competition Act. Focus moved to the detection, investigation and prosecution of cartel conduct in the South African economy under section 4 of the Competition Act.

The consequent increase in the number of cartel cases being dealt with by the Commission has given rise to the need for more detailed interpretation of the how the provisions of section 4 of the Act may apply in different scenarios. The case of Competition Commission / Pioneer Foods developed a