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South Africa

Published online by Cambridge University Press:  05 November 2014

Paul Coetser
Affiliation:
Werksmans Attorneys, South Africa
Kendall Turner
Affiliation:
Werksmans Attorneys, South Africa
Maher M. Dabbah
Affiliation:
Queen Mary University of London
Paul Lasok QC
Affiliation:
Monckton Chambers
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Summary

Applicable Law

Competition law in South Africa is primarily based on the Competition Act No 89 of 1998 (‘the Competition Act’), which came fully into force on 1 September 2009 after it had been amended by the Competition Amendment Act No 35 of 1999. It was thereafter amended on two further occasions.

The latest development to impact on competition law in South Africa is the Competition Amendment Act No 1 of 2009 (‘the Competition Amendment Act’). The Competition Amendment Act has introduced amendments relating to the concurrent jurisdiction of the Competition Commission and industry-specific regulators.

The Competition Act is complemented by subsidiary legislation in the form of regulations relating to the functions of the competition institutions. These regulations are in the form of Rules for the Conduct of Proceedings in the Competition Commission and Rules for the Conduct of Proceedings in the Competition Tribunal (which were published in Government Gazette No 22025 of 2 February 2001), and the Determination of Merger Thresholds and Method of Calculation (which was published in Government Gazette No 31957 of 6 March 2009).

The Competition Act gives specific instructions on how it is to be interpreted. Section 1(2) states that the Competition Act must be interpreted:

Type
Chapter
Information
Merger Control Worldwide , pp. 1261 - 1305
Publisher: Cambridge University Press
Print publication year: 2012

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References

Bork, Robert H., The Antitrust Paradox: A Policy at War with Itself (The Free Press, 1978 as revised in 1993), pp. 90–115
Fox, Eleanor M. and Sullivan, Lawrence, ‘Antitrust – Retrospective and Prospective: Where Are We Coming from? Where Are We Going?’ (1987) 62 New York University Law Review936, 962Google Scholar
Brassey, Martin et al., Competition Law (Juta Law, 2002)
Neuhoff, Minette et al., A Practical Guide to the South African Competition Act (LexisNexis, 2006)
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Booysen, , International Transactions and the International Law Merchant (Interlegal, 1995)
Gellhorn, Ernest and Kovacic, William E., Antitrust Law and Economics, 4th edition (West Publishing Co., 1974)
Shepherd, W. G., The Economics of Industrial Organization (Waveland, 2003)
Rule, Charles F. and Meyer, David L., ‘Toward a Merger Policy that Maximizes Consumer Welfare: Enforcement by Careful Analysis, Not by the Numbers’ (1990) 35 Antitrust Bulletin 251 at 256Google Scholar
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Warner, Mark A. A., ‘Efficiencies in Merger Review in Canada, the European Community and the United States: Implications for Convergence and Harmonization’ (1994) 26 Vanderbilt Journal of Transnational Law 1059Google Scholar
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