Plenary I: Overview of Anti-Cartel Enforcement Manual Chapters – Best Practices Searches, Raids and Inspections A South African perspective 2012 ICN Cartel Workshop Panama City, Panama 2 – 4 October 2012 Bongani Ngema Competition 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