Competition Law and Policy in South Africa Case Studies, Performance and Implications

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Number of Pages32
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Open LibraryOL12295441M
ISBN 101919697713
ISBN 109781919697710

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Competition Law and Policy in South Africa South Africa aspires to a modern competition policy regime to support the fundamental restructuration of government report by the OECD Secretariat which provides an overview of competition law and policy in South Africa was the basis of an in-depth peer review at the OECD Global File Size: KB.

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 book is intended for all readers with an interest in the enforcement of competition law in developing : Springer-Verlag Berlin Heidelberg.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in the 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.

Principles of Competition Law in South Africa Luke Kelly, David Unterhalter, Paula Youens, Isabel Goodman, and Patrick Smith. The text integrates principles of law with competition economic policy, at a foundational level, to provide a sound and comprehensive understanding of the framework of competition law and policy.

Principles of Competition Law in South Africa offers an accessible, applied and rigorous introduction to the general principles of competition law and policy in South Africa. The text presents the fundamental principles of competition law within a clear and practical framework, and supports enquiring engagement with critical and reflective issues.

Principles of Competition Law in South Africa offers an accessible, applied and rigorous introduction to the general principles of competition law and policy in South Africa. The text presents the fundamental principles of competition law within a clear and practical framework, and supports enquiring engagement with critical and reflective issues.

Competition Law of South Africa was originally launched in as a collection of relevant legislation and related material. Now under the authorship of Sutherland and Kemp, Competition Law of South Africa also includes complete commentary and is an invaluable asset to practitioners.

Simon Roberts is chief economist and manager of the Policy & Research Division of the Competition Commission of South Africa and a former manager of the Enforcement & Exemptions Division of the same. He has been published widely, including in the Journal of African Economies, the Journal of Competition Law and Economics, the Journal of.

This chapter discusses the history, institutional structure, mandate, procedural characteristics, and agency performance of South Africa's competition law system.

South Africa has a common law legal system. Its current competition regime is just over a decade old and is based on the Competition Actwhich is administered by three institutions: the Competition Commission, the Competition.

This is an important and timely contribution to the rapidly growing field of competition law in South Africa. While the South African competition authorities have established an enviable local and international profile for their work, there is a need for critical evaluation of the developments in this field since the Competition Act came into force in This book meets this need.

However, in Africa, there are several regional integration arrangements that provide for a regional competition law and the establishment of a regional competition authority.

Keywords Consumer Protection Competition Policy Competition Authority Southern African Development Community Competition Commission. Trudi Hartzenberg, Competition Policy and Practice in South Africa: Promoting Competition for Development Symposium on Competition Law and Policy in Developing Countries, 26 Nw.

Int'l L. & Bus. Expand opportunities for South African participation in world markets, while recognising the role of foreign competition within South Africa. Download: The. Competition Act. and the.

Amendment Act [PDF] Enforcement. The Competition Commission is responsible for investigating and evaluating mergers and prohibited practices. Competition Law. ISBN R Add to Cart. Namibian Law Reports (Print) ISSN NLR South African Law Reports ( to date), The (CD-ROM) ISSN R6, Add to Enquiry You must be an Education Provider to purchase this book.

in the competition law regimes across Africa. In Sub-Saharan Africa, there are other similarities between the provisions of the legislation in Botswana, Kenya, Namibia, South Africa and Swaziland as far as prohibited practices are concerned – particularly.

Competition Law Africa Guide T he Competition Law Africa Guide provides answers to frequently asked questions relating to competition law regimes in various African jurisdictions.

It has been prepared by competition law specialists in our South African, Kenyan, Tanzanian and Ugandan offices and local lawyers across the African continent. as competition law worldwide is diverse in its scope. South Africa has made significant strides in this regard during the past decade and now has arguably one of the most stringent combinations of legislation and enforcement capabilities in the world.

Implications for companies found to have abused. 1 May saw the criminalisation of cartel conduct in South Africa under the Competition Act, by way of the introduction of section 73A. Cartel activity is conduct which constitutes price-fixing, market division or collusive tendering between competitors, all of which are strictly prohibited by the Competition Act.

- Amended by Competition Amendment Act 1 of from date to be proclaimed: S21,82 - Amended by Co-operative Banks Act 40 of from 1 Aug S 18 - Amended by Competition 2nd Amendment Act 39 of from 1 Feb 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.

The implementation of the Competition Act in introduced an important shift in the South African competition law framework. After 16 years, many still find the Act technical and difficult to apply. This book provides practical insights into the theoretical underpinnings of our competition legislation.

About the Editors Jonathan Klaaren is professor and former dean of the School of Law at the University of the Witwatersrand in Johannesburg, South Africa, and is also a visiting professor in the Faculty of Humanities with the Wits Institute for Social and Economic Research (WiSER).

Simon Roberts is a professor of Economics and executive director of the Centre for Competition, Regulation and. The Development of Competition Law and Economics in South Africa, HSRC press, Moodaliyar, Kasturi & Weeks, Keith. A framework for promoting competition in electronic ommunications: Clarifying the role of the competition authorities and the sector regulator.

The Development of Competition Law and Economics in South Africa, HSRC press,   The South African legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a post-apartheid South Africa.

Of particular interest is the way in which so many branches of law have been infused by basic constitutional values. Competition law presents various challenges for companies doing business in Africa. The number of competition law regimes across Africa has increased significantly in recent years and national regulators across the continent are becoming increasingly active.

Table of treaties and conventions p. xiii Table of EU legislation p. xiv Table of statutes p. xviii Table of statutory instruments p. xxii Table of competition commission reports p.

xxv Table of OFT reports, decisions and publications p. xxvii Table of cases p. xxviii List of abbreviations p. lxix 1 Competition policy and economics p. 1 1 Introduction p. 1 2 Overview of the Practices.

For example, the BRICS countries, including South Africa, signed a MoU in in which the parties agreed to exchange policies, laws and rules in competition policy. They also agreed to cooperate and coordinate with each other in investigations and enforcement proceedings pertaining to violations of competition law.

Competition law is growing in Africa. According to a recent World Bank report1, in 15 years the number of jurisdictions in Africa with competition law has almost trebled.

A number of African countries have introduced or proposed new or updated legislation, and some jurisdictions have introduced guidelines and other policies to facilitate the operation of the legislation.

President Cyril Ramaphosa signed the Competition Amendment Act into law on 13 February Why South Africa’s new competition laws are so controversial.

Staff Writer 17 February Practitioner Update. Asses Securitisation Schemes – Read more. Practitioner Update. Risk Mitigation Transactions – Read more. This new OECD Journal of Competition Law and Policy, compiled from OECD Round Table discussions, summaries of recent developments, and articles on topics of special interest, will introduce regulators, practitioners, and scholars to different regulatory approaches around the world and will allow us to consider in a more informed way the.

Africa is sometimes described as the “last frontier” of competition law. This observation arises because many African countries have only recently adopted modern competition laws (South Africa only did so in ) and some key countries (like Nigeria and Uganda) have not yet done so.

conversation with an influential South African jurist explored the economic context and addressed the challenges and developments in competition law and policy in emerging and developing jurisdictions. Recognizing the coming of age of developing countries’ competition law.

procurement in South Africa takes place within this framework. 1 Andrew Molver is a partner and Gavin Noeth is a senior consultant at Adams & Adams. 2 Section (1) of the Constitution of the Republic of South Africa of 3 Act 1 of 4 Act 56 of 5 Section (2) of the Constitution of the Republic of South Africa of   The Future of Competition Law Reform in South Africa is Now Baker McKenzie South Africa January 11 the amendments also seek to enhance the policy and institutional framework, and.

Buyer power provisions under South Africa’s competition law Earlier this year, the Competition Commission (“Commission”) published its Buyer Power Enforcement Guidelines to provide further clarity on the new Buyer Power provisions of the Competition Act 89 of (“the Act”).

Competitive dynamics of telecommunications markets in South Africa, Tanzania, Zambia, and Zimbabwe. WIDER Working Paper 83/ Paelo, A. and Robb, G. Comparative approaches to key issues in the economic regulation of telecommunications markets in South Africa, Tanzania, Zambia, and Zimbabwe.

WIDER Working Paper 84/ Bowmans is highly rated for its geographic coverage and record in competition matters across sub-Saharan has an excellent standing in merger notifications and in sector inquiries. In practice co-head Derek Lötter, it has one of the outstanding competition leaders in the an and senior partner Robert Legh is also a hugely experienced competition specialist, while Tamara.

The Competition Act, 89 of regulates competition in South Africa. It deals with mergers and anticompetitive conduct. Mergers (and don’t be fooled into thinking that this is limited to conventional share sales or sale of business transactions, the definition of a merger in the Act covers any change in control of all or a significant part of a business) which hit specified turnover and.

The national competition regulators of nine of the SADC member states signed a MOU on Inter-Agency Cooperation in Competition Policy, Law and Enforcement to ensure cooperation between these competition authorities and to strengthen the enforcement of competition law in.

South Africa: Construction & Engineering Laws and Regulations ICLG - Construction & Engineering Laws and Regulations - covers common issues – including making construction projects, supervising construction contracts, common issues on construction contracts and dispute resolution – in 21 jurisdictions.

Published: 11/08/Our competition lawyers are at the forefront of developments in competition law in South Africa and have assisted a number of large corporate clients with the competition law aspects of mergers and acquisitions (M&A).

These clients including mining, manufacturing, telecommunications and financial services companies, and foreign multinationals.A treatise on the law of certiorari at common law and under the statutes. This book includes the writings of major legal theorists, including Sir Edward Coke, Sir William Blackstone, James Fitzjames Stephen, Frederic William Maitland, John Marshall, Joseph Story, Oliver Wendell Holmes, Jr.


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