Competition class action damages and the corporate leniency policy

Abstract

Includes bibliographical references.Cartel conduct constitutes one of the most serious threats to the maintenance of competition in markets. Due to the secretive nature of cartels, and their conduct, they are extremely difficult for the Competition Commission1 (‘the Commission’) to detect, investigate and prosecute.2 Cartels therefore pose a grave threat to the maintenance of competition in markets. Section 4(1)(b) of the Act imposes a per se prohibition on such conduct. Consequently, cartel conduct is treated as one of the most serious breaches of the Act

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