INTERNATIONAL CARTELS: COMPETITION COMMISSION UNPACKS RECENT CONCOURT RULING

The Competition Commission has issued a media statement drawing attention to the ‘significant legal and procedural implications’ of a 30 June 2026 Constitutional Court ruling among other things confirming that ‘the competition authorities have jurisdiction to prosecute international or cross-border cartels’.

According to the statement, the ruling clarifies:

  • ‘legal and procedural principles’ to which the Commission should adhere when prosecuting cartels
  • the standard with which the Commission should comply ‘when pleading a single overarching conspiracy’
  • certain matters relating to exceptions and objections, and
  • the interpretation of sub-section 3(1) of the 1998 Competition Act (application).

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