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