Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-745bb68f8f-hvd4g Total loading time: 0 Render date: 2025-02-04T19:07:15.029Z Has data issue: false hasContentIssue false

South Africa

Published online by Cambridge University Press:  05 November 2014

By
Paul Coetser  and
Kendall Turner
General editor
Maher M. Dabbah  and
Paul Lasok QC
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
Get access

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

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)
Sutherland, Philip and Kemp, Katharine, Competition Law of South Africa (LexisNexis, 2000)
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
Adams, Walter and Brock, James W., ‘The Sherman Act and the Economic Power Problem’ (1990) 35 Antitrust Bulletin 25Google Scholar
Blair, Roger D. and Harrison, Jeffrey L., ‘The Measurement of Monopsony Power’ (1992) 37 Antitrust Bulletin 133Google Scholar
Jacobsen, Jonathan M. and Dorman, Gary J., ‘Monopsony Revisited: A Comment on Blair and Harrison’ (1992) 37 Antitrust Bulletin 151Google Scholar
Jacobson, Jonathan M. and Dorman, Gary J., ‘Joint Purchasing, Monopsony and Antitrust’ (1991) 36 Antitrust Bulletin 1Google Scholar
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
Fox, Eleanor M., ‘Antitrust, Competitiveness and the World Arena: Efficiencies and Failing Firms in Perspective’ (1996) 64 Antitrust Law Journal 725 at 731Google Scholar
Bodley, Joseph F., ‘Proof of Efficiencies in Mergers and Joint Ventures’ (1996) 64 Antitrust Law Journal 575 at 576Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×