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

AuthorHardin Ratshisusu,Mapato Ramokgopa,Elikana Maroge
DOI10.1177/0003603X211045754
Published date01 December 2021
Date01 December 2021
https://doi.org/10.1177/0003603X231188771
The Antitrust Bulletin
1
© The Author(s) 2023
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DOI: 10.1177/0003603X231188771
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Retraction
Retraction Notice
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At the request of SAGE Publishing and the Journal Editor, the following article has been retracted: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This article has been retracted due to unauthorized text overlap and reuse from multiple sources.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
journals.sagepub.com/home/abx
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