South africas competition legislation has far reaching implications for local and foreign businesses. Cliffe dekker hofmeyr competition amendment bill signed. No individual who is a member, partner, shareholder, director, employee or consultant of, in or to any constituent part of norton. Needless to say, the sense of drama is inevitably heightened by the exceptionally able counsel who have been attracted to the practice of competition 2 enforcing competition rules in south africa.
Xolani nyali, a senior associate in the competition practice at bowmans south africa, looks at some of the competition law issues making headlines in africa this year and how they will impact competition law proceedings in the coming year public interest in africa. Some of the key amendments introduced in the amendment act include the following. In march 2015, south africas centre for competition, regulation and economic development ccred partnered with the zimbabwe competition and tariff. We provide all south africans equal opportunity to participate fairly in the national economy. This section contains free ebooks and guides on law books, some of the resources in this section can be viewed online and some of them can be downloaded. A practical guide to the south african competition act is a compendium of all the most frequently asked questions about the act and the economics that underpin it, with lucid and helpful answers. The competition act,2 which governs the rules and regulations of competition law in south africa, allows for parties to seek reparation for damage in the civil courts only after the competition authorities that being the competition commission, competition. Administrative appeals tribunal act 1975 australia.
This book provides practical insights into the theoretical underpinnings of our competition legislation. Maximising competitor advantage i consumer value chain. Competition law international is the journal of the antitrust section of the iba. It is widely recognised as a model to other african jurisdictions with younger antitrust regimes. The amendment act introduces a new era of competition law enforcement in south africa, focusing on economic inclusiveness and participation by small, medium and microsized enterprises smmes and businesses owned or controlled by historically disadvantaged persons hdps. The competition act, 1998 regulates mergers having an e. The other members of sacu are at various stages of. Digital markets have dominated global competition law conferences and. South africa has developed a strong and admirable competition law.
The competition commission is a statutory body constituted in terms of the competition act, no 89 of 1998 by the government of south africa empowered to investigate, control and evaluate restrictive business practices, abuse of dominant positions and mergers in order to achieve equity and efficiency in the south african economy. Published twice a year, the journal reaches over 1,400 competition law practitioners worldwide. The mouton commission report16 proposed a new south african competition law regime, which came about in the form of the maintenance and promotion of. I track the historical development of competition law in three jurisdictions. Your sectors news, opinions, research, events, jobs and companies. The amendment act introduces a new era of competition law enforcement in south africa, focusing on economic inclusiveness and participation by small, medium and microsized enterprises smmes and businesses owned or controlled by. Pdf the role for competition policy in economic development. Pdf assessing the nature of competition law enforcement in. In south africa competition law is regulated by the act. South african competition law home brand south africa. Competition policy the composition of competition policy is complex it consists of, amongst other things, economic objectives, certain legislative instruments and the economic environments, and even the political environment. Optimal antitrust penalties and competitors injury. Largest administrative penalty imposed by the competition commission in november 2016, the competition tribunal tribunal confirmed, as an order of the tribunal, a settlement agreement between one of south africas largest steel producers and the competition commission. Experts in competition law requirements in south africa.
Presentation competition law trends and the impact of the. We strive to be at the forefront of competition law in south africa by providing current and innovative insights to our clients competition law issues. The competition act,2 which governs the rules and regulations of competition law in south africa, allows for parties to seek reparation for damage in the civil courts only after the competition authorities that being the competition commission, competition tribunal and if there is an. Competition leading corporate and commercial law firm. That apartheid and other discriminatory laws and practices of the past resulted in excessive concentrations of. S 18 amended by competition 2nd amendment act 39 of 2000 from 1 feb 2000. Competition law and economic regulation in southern africa jstor. In this paper, we look at competition law enforcement in south africa focusing on large. This book provides practical insights into the theoretical underpinnings of.
Competition law and policy in south africa competition law. Competition amendment act 18 of 2018 english afrikaans. Merger control laws and regulations south africa covers common issues in merger control laws and regulations including relevant authorities and legislation, notification and its impact on the transaction timetable, remedies, appeals and enforcement and substantive assessment in 55 jurisdictions. A number of african countries have introduced or proposed new or updated legislation, and some jurisdictions have.
The south african competition regime and the related institutions the competition commission, competition tribunal and competition appeals court, created in terms of the competition act number 89 of 1998 3 have been successful in creating a more competitive economy during. Competition law enforcement in south africa page 9 subsequently, a commission of inquiry mouton commission was appointed to draft a report on the possibility of new legislation. After 16 years, many still find the act technical and difficult to apply. South africa is the top rated country, whereas the worst performing country in terms of the effective application of the competition policy is venezuela. South african goals and objectives penalties for noncompliance. The number of competition law regimes across africa has increased significantly in recent years and national regulators across the continent are becoming increasingly active. The competition amendment bill was signed into law today, february 2019, by president cyril ramaphosa. These clients including mining, manufacturing, telecommunications and financial services companies, and foreign multinationals. An mou has been entered into and signed by ten of the 15 competition authorities of the south african development community. Competition law antitrust well established internationally increased global focus on competition law enforcement especial cartel activity. Now under the authorship of sutherland and kemp, competition law of south africa also includes complete commentary and is an invaluable asset to practitioners.
Mar 25, 20 south africas economic system is predominantly based on free market principles. Competition law in africa antitrust and cartel conduct. Competition law is a critical part of the business landscape in south africa and informs both corporate and commercial strategy. The south african competition act, 1998 specifies a range of objectives that have to be served by competition law and be promoted by the institutions responsible. Competition policy and practice in south africa northwestern. Our competition practice is at the forefront of developments in competition law in south africa. South africas new competition policy and law were drafted during. It was a report by that board which led to south africas first general competition law, the regulation of monopolistic conditions act of 1955. The new south african competition law forms an important part of reforms designed. The competition act of 1998 fundamentally reformed the countrys competition legislation, substantially strengthening the powers of the competition authorities along the lines of the european. Enactment of the bill in its current form is not likely to strengthen antitrust law enforcement in south africa. The purpose of this presentation is to provide information as to developments in the law.
In addition to such agencies, there is often another body responsible for formulating competition policy. Partnering with experienced specialists in competition law can make the difference between commercial success and regulatory noncompliance blunders, which are costly and could damage your companys reputation. These articles examine legislation and business conduct which concerns anticompetitive behaviour, pricefixing, bidrigging, mergers, abuse of dominance, cartel conduct and collusion between competitors. By definition, competition law seeks to ensure the efficient allocation of scarce economic resources through the protection of free market competition, thus enhancing productive and. Kasturi moodaliyar1 introduction private enforcement in antitrust cases is a rarity in south africa. The implementation of the competition act in 1999 introduced an important shift in the south african competition law framework. For example, when plans were underway in egypt to develop a competition law.
Now under the authorship of sutherland and kemp, competition law of south africa also includes complete commentary and is. According to a recent world bank report 1, in 15 years the number of jurisdictions in africa with competition law has almost trebled. A practical guide to the south african competition act. When south africa published its public interest guidelines in 2016, it became clear that such guidelines. It does not contain a full analysis of the law nor does it constitute an opinion of norton rose south africa on the points of law discussed. Contribution by the competition commission south africa.
The amendment act changes the competition law landscape in south africa, and firms will need to become familiar with them in order to adjust their business practices to ensure they continue to be compliant with the law. Pdf assessing the nature of competition law enforcement. However, as in most developed economies, competition is controlled. This is due in part to divergent opinions in case law surrounding the nature and. Competition law of south africa was originally launched in 2000 as a collection of relevant legislation and related material. An overview of competition law developments in africa in 2016. Competition law in africa is becoming increasingly active and, in certain respects, complex. Competition law and policy in south africa south africa aspires to a modern competition policy regime to support the fundamental restructuration of government institutions. It provides an insight into international competition law issues with articles that are of practical interest. Competition act 89 of 1998 south african government. Access study documents, get answers to your study questions, and connect with real tutors for law ilw1501. In keeping with the spirit and success of the first edition, the second edition of a practical guide to the south african competition act aims to demystify the application of competition law in the south african context. S, 21, 4950, 5859, 7374, 82 amended by cooperative banks act 40 of 2007 from 1 aug 2008. The established south african competitionlaw framework has worked admirably well over the past twentyplus years.
There is increasing recognition of the role that vested interests can play in restricting competition. Competition law presents various challenges for companies doing business in africa. It applies to all economic activity within, or having an e. South africa is a leading example of a regime of mixed objectives of competition law and a diffusor of this deferential model among other developing countries. Overview of sa legislation and interesting recent cases. South africa, america, and the eu, with the aim of identifying traces, if any, of hostility towards dominant firms in the origins of competition law. To date, only south africa has a policy, law, and a competition authority to enforce the law. Amended by competition amendment act 1 of 2009 from date to be proclaimed. To provide for the establishment of a competition commission responsible for the investigation, control and evaluation of restrictive practices, abuse of dominant position, and.
The number of competition regimes, and the relationships between them, is on the increase. Competition law developments in africa in 2016 alb article. Competition policy is part of the new international orthodoxy in economic policy and, at the same time, was viewed in south africa as a crucial element of economic transformation. J241002 in the competition appeal court of south africa. Accordingly, transactions between parties in a foreign jurisdiction, which has an e. The competition act came into effect in 1999 why does an economy need competition law. A competition regulator is a government agency, typically a statutory authority, sometimes called an economic regulator, that regulates and enforces competition laws and may sometimes also enforce consumer protection laws. This book is best described in the words of the chairperson of the south african competition tribunal, norman manoim. Intergovernmental group of experts on competition law and policy. In september 2015, the competition tribunal tribunal, for the first time in south africas sixteen year history of competition law enforcement found, in the media 24,3 case that a respondent had engaged in predatory pricing in contravention of the south african competition act, 89 of 1998 act.
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