Plenary I: Overview of Anti-Cartel Enforcement Manual Chapters – Best Practices Searches, Raids...
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Transcript of Plenary I: Overview of Anti-Cartel Enforcement Manual Chapters – Best Practices Searches, Raids...
Plenary I: Overview of Anti-Cartel Enforcement Manual Chapters – Best Practices
Searches, Raids and InspectionsA South African perspective
2012 ICN Cartel WorkshopPanama City, Panama
2 – 4 October 2012
Bongani NgemaCompetition Commission of
South Africa
• Background• Rationale• Our experience • Criteria • Challenges
OUTLINE
• 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
BACKGROUND
• Evidence can be obtained quickly• The investigation strategy is not compromised • Encourages Leniency applications• Creates public awareness about the work of
the Commission
RATIONALE
• 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)
OUR EXPERIENCE
• 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)
CRITERIA
• Costs • Outsourcing of digital evidence gathering• Issues about legal privilege• Delays in the analyses of large volumes of data and
documents seized
CHALLENGES