The Botswana Competition Tribunal rejects a complaint against the dual role played by the Competition Authority as administrative and adjudicating body in relation to a case of collusive agreement to set prices for repairing vehicles (Panel Beating Cartel)

Due process arguments come to the fore as the Botswana Competition Authority gears itself for enforcement* In September and October, the Botswana Competition Commission (Commission) took its first two rulings on cartel enforcement. Both rulings have a keen (if not almost exhaustive) focus on due process. Given that due process arguments have tended to be prominent only after a wave of cartel enforcement in more established jurisdictions, the cases demonstrate how developing competition jurisdictions are setting their own learning curves by absorbing the lessons from elsewhere. Having been set up in 2011, the Botswana Competition Authority (Authority) has been primarily active in merger control and has taken a number of prominent decisions, in particular, on the issue of the

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  • Norton Rose Fulbright (Johannesburg)

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Mark Griffiths, The Botswana Competition Tribunal rejects a complaint against the dual role played by the Competition Authority as administrative and adjudicating body in relation to a case of collusive agreement to set prices for repairing vehicles (Panel Beating Cartel), 30 October 2013, e-Competitions Bulletin Automobile, Art. N° 61682

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