Enforcing Competition Rules in South Africa

Enforcing Competition Rules in South Africa
Author: David Lewis
Publisher: Edward Elgar Publishing
Total Pages: 299
Release: 2013-01-01
Genre: Business & Economics
ISBN: 1781953759

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This fascinating book describes and analyses the development of competition law in South Africa, promoting a deeper understanding of the development of this foundational economic law within its specific national, social and economic context. Enforcing Competition Rules in South Africa is a clear and insightful account of the establishment and first decade of one of the most successful competition law institutions to have mushroomed over the past 15 years. David Lewis believes that, while there is much to learn from international scholarship and jurisprudence and from participation in the various multinational initiatives in this field, competition law and its institutions have to be understood within their national economic and social contexts. Drawing strongly on case law and enforcement experiences, this book will appeal to academics, researchers and practitioners of competition law and economics.

The Interface of Competition Law, Industrial Policy and Development Concerns

The Interface of Competition Law, Industrial Policy and Development Concerns
Author: Balthasar Strunz
Publisher: Springer
Total Pages: 512
Release: 2018-07-28
Genre: Law
ISBN: 3662576279

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This book analyses essential concepts of competition law and industrial policy, and shows where the two areas clash with and complement each other, respectively. The discussion takes place in the context of developing countries, taking into consideration their realities and specific needs. South Africa serves as a real-world example for competition law that goes beyond the notion of consumer welfare. An in-depth analysis of the enforcement of South African law illustrates how the law is used both to combat the negative effects of past industrial policy, and to accommodate current economic and social needs.The book is intended for all readers with an interest in the enforcement of competition law in developing countries. It will particularly benefit those who want to learn about unorthodox approaches that integrate the concept of “public interest” and social imperatives into the application of competition law.

Competition Law in South Africa

Competition Law in South Africa
Author: Precious N. Ndlovu
Publisher: Kluwer Law International B.V.
Total Pages: 419
Release: 2022-06-20
Genre: Law
ISBN: 9403544120

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in South Africa covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in South Africa will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.

Competition Law and Economic Regulation in Southern Africa

Competition Law and Economic Regulation in Southern Africa
Author: Imraan Valodia
Publisher: NYU Press
Total Pages: 384
Release: 2017-07-04
Genre: Business & Economics
ISBN: 1776141687

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Shaping markets through competition and economic regulation is at the heart of addressing the development challenges facing countries in southern Africa. The contributors to Competition Law and Economic Regulation: Addressing Market Power in southern Africa critically assess the efficacy of the competition and economic regulation frameworks, including the impact of a number of the regional competition authorities in a range of sectors throughout southern Africa. Featuring academics as well as practitioners in the field, the book addresses issues common to southern African countries, where markets are small and concentrated, with particularly high barriers to entry, and where the resources to enforce legislation against anti-competitive conduct are limited. What is needed, the contributors argue, is an understanding of competition and regional integration as part of an inclusive growth agenda for Africa. By examining competition and regulation in a single framework, and viewing this within the southern African experience, this volume adds new perspectives to the global competition literature. It is an essential reference tool and will be of great interest to policymakers and regulators, as well as the rapidly growing ecosystem of legal practitioners and economists engaged in the field.

The Development of Competition Law and Economics in South Africa

The Development of Competition Law and Economics in South Africa
Author: Kasturi Moodaliyar
Publisher: HSRC Publishers
Total Pages: 0
Release: 2012
Genre: Antitrust law
ISBN: 9780796924049

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An important and timely contribution to rapidly growing competition law in South Africa, this study meets the need for critical evaluation of the developments in the field since the Competition Act came into force in 1999. Chapters cover vital questions ranging from broad policy considerations to technical issues in the main areas of competition evaluation, namely merger assessment, abuse-of-dominance enforcement, and the detection and prosecution of cartels. The book reflects on the maturing South African competition law regime and discusses a framework for promotion competition in electronic communications; vertical arithmetic and its application in vertical mergers; price discrimination in input markets; the empirical differences between collusion, parallelism, and competition; and the role of information exchange in facilitating collusion.

Building New Competition Law Regimes

Building New Competition Law Regimes
Author: David Lewis
Publisher: Edward Elgar Publishing
Total Pages: 227
Release: 2013
Genre: Law
ISBN: 1781953732

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ÔNearly every important country now has a competition law. It is vital to understand the institutions that drive the operation of these laws. This excellent volume provides case studies of some of the more substantial new competition authorities written by former or current top agency officials and academics closely connected with those institutions. The book highlights the fact that whilst these institutions have certain features in common, they are very much shaped by the history and circumstances of their own countries and cultures, and that any serious prescription for them needs to balance those factors against the general economic doctrines that lie behind competition law around the world. Without that understanding, regulators and those dealing with them are likely to face failure. The book points to ways of resolving those problems.Õ Ð Allan Fels, The Australia and New Zealand School of Government (ANZSOG) This detailed book focuses on the development of competition law institutions and contains case studies that examine this against the backdrop of the debate around global convergence of competition law and the limits imposed by particular national circumstances. Five of the chapters examine the development of competition law regimes in a diverse range of countries: Mexico, Hungary, South Africa, Thailand (with comparative remarks on South Korea) and Zambia. The remaining chapters examine the role of multinational institutions, particularly the International Competition Network, and the practice of and potential for regional competition law arrangements. The majority of the authors are seasoned practitioners of competition law, all of whom acknowledge the importance of convergence, while simultaneously demonstrating the limits imposed by divergent national circumstances. This carefully edited collection is a companion volume to Enforcing Competition Rules in South Africa, an account of the development of competition law institutions in South Africa, authored by David Lewis and published by Edward Elgar. Building New Competition Law Regimes will be of particular benefit to scholars, teachers and practitioners of competition law. It will also be of interest to development studies scholars, teachers and practitioners and to specialists in the countries that are the subjects of the case studies.

Public Versus Private Enforcement of South African Competition Law

Public Versus Private Enforcement of South African Competition Law
Author: Kristin Elizabeth Lewis
Publisher:
Total Pages:
Release: 2018
Genre:
ISBN:

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This dissertation will discuss the current process and procedure of enforcement of competition law in South Africa. A distinction will be drawn between public enforcement and private enforcement. This distinction will show which is the more predominant enforcement method. For this purpose, a detailed discussion of the provisions in the Competition Act 89 of 1998 will follow. The focus of the dissertation will thereafter shift to whether private enforcement is reasonably possible and pursuable by members of the public in terms of South African legislation. The rational for focusing on private enforcement will become clear through a discussion of Nationwide Airlines (Pty) Ltd (in liquidation) v South African Airways (Pty) Ltd 2016 (6) SA 19 (GJ). By 2016, this case was only the second claim of its kind and the first time a claim for damages based on a finding by the Tribunal had been litigated. The discussion will articulate the process of how the matter reached the High Court and the difficulties encountered in claiming damages. Thereafter, a brief discussion on comparative law will be included. The chosen foreign law is that of the European Union (aÌ22́Ơ¿3EUaÌ22́Ơ℗+). EU law was chosen as its competition law is well established and has been in practice for longer than the South African equivalent. Emphasis will be placed on the EUaÌ22́Ơ4́Øs use of private enforcement and any lessons to be learnt in relation thereto. Finally, a conclusion will be reached on whether private enforcement is reasonably possible and pursuable by a member of the public and whether there are any recommendations on how private enforcement could be strengthened in South African law.

Competition Law Enforcement in the BRICS and in Developing Countries

Competition Law Enforcement in the BRICS and in Developing Countries
Author: Frederic Jenny
Publisher: Springer
Total Pages: 363
Release: 2016-06-13
Genre: Law
ISBN: 331930948X

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This contributed volume focuses on competition policy enforcement in BRICS and developing counties. It examines the role and application of economic analysis and evidence in law enforcement procedures, as well as their influence on competition authorities’ policy-making. The contributors also address topics such as recent developments in competition law and practice, institutional design, indicators of performance in enforcement, the incorporation of public interest concerns in Competition Authority objectives, procedural fairness, procurement procedures and compulsory licensing.

Competition Law Enforcement and Poverty Alleviation in South Africa

Competition Law Enforcement and Poverty Alleviation in South Africa
Author: Philipp Schüpbach
Publisher:
Total Pages:
Release: 2015
Genre:
ISBN:

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This thesis examines the impact of South African competition law enforcement on the country's poverty. Based on the holistic approach of Anderson and Müller and the conceptual framework by McCulloch, Winters and Cirera, it derives nine propositions regarding the design and focus of competition law enforcement that contributes to poverty reduction. After describing dimensions of poverty and relevant aspects of competition law in South Africa, the thesis assesses whether or not South African enforcement of competition legislation meets these propositions in studying four cases: Walmart's acquisition of Massmart, Telkom's abusive conduct adversely affecting VANS providers, the bread cartel, and persecution of pharmaceutical firms rigging state tender bids. It is found that South African competition law enforcement frequently supports poverty reduction, for example by enabling local suppliers to benefit from foreign direct investment, by fostering innovation in infrastructure markets and the health sector, or by compelling competitive bids for state tenders, thus reducing government costs. However, antitrust prosecution in South Africa does not always meet the criteria for being pro-poor. The analysis reveals that it only has short-term effects on the prices of critical goods, for example, and its positive impact fails to appear due to a respondent's delaying tactics in one case.