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Designing Appropriate Remedies For Competition Law Enforcement: The Pioneer Foods Settlement Agreement

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  • Tembinkosi Bonakele
  • Liberty Mncube

Abstract

This article critically discusses the use of remedies in pursuing distributive justice through the restoration of competition, deterrence, and disgorgement. We address more specifically the design and objectives of the Pioneer Foods settlement agreement. The remedies that were concluded with Pioneer Foods constitute a major measure of “success” in the enforcement of competition law in developing countries. They included, among others, an administrative fine, part of which by agreement was set aside for the creation of an Agro-processing Competitiveness Fund aimed at lowering the barriers to entry, as well as a commitment to reduce prices on the sale of flour and bread over an agreed period designed to stimulate rivalry while at the same time enabling smaller non-vertically integrated participants to compete in bread. We also demonstrate the impact of the discount remedy, using a comparative approach.

Suggested Citation

  • Tembinkosi Bonakele & Liberty Mncube, 2012. "Designing Appropriate Remedies For Competition Law Enforcement: The Pioneer Foods Settlement Agreement," Journal of Competition Law and Economics, Oxford University Press, vol. 8(2), pages 425-447.
    • Handle: RePEc:oup:jcomle:v:8:y:2012:i:2:p:425-447.
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    File URL: http://hdl.handle.net/10.1093/joclec/nhs010
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    Cited by:

    1. Liberty Mncube, 2014. "The South African Wheat Flour Cartel: Overcharges at the Mill," Journal of Industry, Competition and Trade, Springer, vol. 14(4), pages 487-509, December.
    2. Francesca Galli & Fabio Bartolini & Gianluca Brunori & Luca Colombo & Oriana Gava & Stefano Grando & Andrea Marescotti, 2015. "Sustainability assessment of food supply chains: an application to local and global bread in Italy," Agricultural and Food Economics, Springer;Italian Society of Agricultural Economics (SIDEA), vol. 3(1), pages 1-17, December.

    More about this item

    JEL classification:

    • L13 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Oligopoly and Other Imperfect Markets
    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General
    • L41 - Industrial Organization - - Antitrust Issues and Policies - - - Monopolization; Horizontal Anticompetitive Practices
    • L66 - Industrial Organization - - Industry Studies: Manufacturing - - - Food; Beverages; Cosmetics; Tobacco

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