Cross-Border Cartels Enforcement Under the Africa Continental Free Trade Area

• Date: 01 December 2021
• Published date: 01 December 2021
• DOI: 10.1177/0003603X211045754

https://doi.org/10.1177/0003603X231188771

The Antitrust Bulletin

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© The Author(s) 2023

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Retracted: “Cross-Border Cartels Enforcement Under the Africa Continental Free Trade Area”

At the request of SAGE Publishing and the Journal Editor, the following article has been retracted:

Ratshisusu, H., Ramokgopa, M., & Maroge, E. (2021). Cross-Border Cartels Enforcement Under the

Africa Continental Free Trade Area. The Antitrust Bulletin, 66(4), 528–543. https://doi.org/10.1177/

0003603X211045754

A reader contacted the Journal Editor with concerns that this article had unattributed portions of text

that was then confirmed through an internal investigation.

This article has been retracted due to unauthorized text overlap and reuse from multiple sources.

H.R. and M.R. disagree with the text of the retraction. The remaining author did not respond for comment.

1188771ABXXXX10.1177/0003603X231188771The Antitrust BulletinRetraction

retraction2023

Symposium: Competition Policy and Law within the Context of the Continental Integration:

What Are the Sticking Issues for African Countries?

Cross-Border Cartels

Enforcement Under the Africa

Continental Free Trade Area

Hardin Ratshisusu*, Mapato Ramokgopa**, and Elikana Maroge***

Abstract

Effective enforcement of competition laws on a global scale is a prerequisite for open economies, fair

trading conditions, and level playing fields, and ultimately, inclusive economic development for

improved and better lives. Improving enforcement co-operation between competition authorities has

been a priority for the Organization for Economic Co-Operation and Development, United Nations

Conference on Trade and Development, and International Competition Network for many years. This

article argues that there is increased scope for competition authorities in Africa to effectively regulate

cross-border cartel activities under the Africa Continental Free Trade Area (AfCFTA). It is recognized

that for the AfCFTA to meet its general objectives under Article 3 of the AfCFTA framework

agreement, States Parties must develop a framework on competition policy which is part of the second

phase of the negotiations that will culminate into a Protocol on Competition Policy. Following a review

of competition policies and laws of selected African countries in Southern African Development

Community, East African Community, Economic Community of West African States, and Common

Market for Eastern and Southern Africa, this article suggests an appropriate competition law and policy

for Africa, particularly one that will enhance capability to combat cross-border cartels.

Keywords

cross-border cartels, competition policy, free trade areas

I. Introduction

Competition law and its enforcement are necessary tools in the face of trade liberalization. Nowhere is

this more evident than in the area of cross-border cartels. With the advent of globalization and trade

liberalization, individual economies have become intrinsically linked. Anticompetitive conduct in one

territory may have an impact in another territory. Therefore, an effective regional competition law

* Deputy Commissioner of the Competition Commission of South Africa. Author writes in personal capacity

** Manager in the Office of the Commissioner, Competition Commission of South Africa. Author writes in personal capacity.

*** Adviser to the Deputy Commissioner of the Competition Commission of South Africa. Author writes in personal capacity

Corresponding Author:

Elikana Maroge, Adviser to the Deputy Commissioner of the Competition Commission of South Africa.

Email: elikanam@compcom.co.za

The Antitrust Bulletin

2021, Vol. 66(4) 528–543

ªThe Author(s) 2021

Article reuse guidelines:

sagepub.com/journals-permissions

DOI: 10.1177/0003603X211045754

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