An act to provide, keeping in view of the economic development of the country, for the establishment of a commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests. On the one hand, the act could require the imposition of a penalty up to 10% of the firms annual turnover in the republic and its. 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. This act has been updated to government gazette 40057 dated 9 june, 2016. With acts you are guaranteed the latest and most up to date resource for your legislative needs. However, the problem with forum shopping in this regard could be in the penalties that are imposed depending on whether the matter is addressed through either the act or the antidumping law of south africa. Competition law and policy in south africa competition law. Competition commission of south africa government gazette. It forms an important part of reforms to both address the historical economic structure in south africa and encourages broadbased. Trends in competition law enforcement across africa. Polity offers free access to south african legislation, policy documents and daily political news.
The framework of competition act 2002 has essentially four compartments. Paged competition act no12 of 2010 research ict africa. The promotion of the efficiency, adaptability and development of the economy. The government of south africa the competition act 89 of 1998 the purpose of this act is to promote and maintain competition in the republic by.
Impact on your business international trends south african trends overview of sa legislation and interesting recent cases prohibited practices upcoming amendments to the competition act mergers. That apartheid and other discriminatory laws and practices of the past resulted in excessive concentrations of ownership. It was enacted in october 1998 and came into force in 1999. Mergers which exceed the prescribed thresholds have to be approved of by the competition commission or tribunal before implementation. 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. In the 2019 state of the nation address, the president highlighted high levels of economic concentration as a factor that stifles the growth of the south african economy. The competition amendment act changing the south african competition law landscape.
The changes will come into effect on a date to be fixed by the president by proclamation in the government gazette. Interpretation in this act, unless the context otherwise requires. This is what changes to the competition act could look like fin24. Section 59 of the competition act, 89 of 1998 act provides that the. Revised legislation carried on this site may not be fully up to date. Competition tribunal responsible to adjudicate such matters. In south africa, economic concentration results in fewer opportunities for smes and emerging black entrepreneurs aggravated by abuse of dominance by large firms that effectively excludes smaller, newer entrants and imposes high cost structures on the economy. In south africa competition law is regulated by the act. The approach to administrative penalties under the competition act alan wright, candidate attorney, bowman gilfillan to date, there has been an inconsistent approach towards penalties for cartel conduct in south africa. Africa burundi relevant legislation and enforcement agency the relevant legislation is the competition law no.
Competition act 89 of 1998 south african government. This book provides practical insights into the theoretical underpinnings of our competition legislation. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Providing consumers with competitive prices and product choices. 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. S, 21, 4950, 5859, 7374, 82 amended by cooperative banks act 40 of 2007 from 1 aug 2008. The competition act 89 of 1998 western cape government. Be it enacted by the parliament of the republic of south africa, as follows. The competition act establishes three categories of mergers which are determined with reference to the total south african turnover or assets whichever is the higher of the acquiring. The amendments to the competition act form part of governments efforts to foster greater inclusion and to.
Constitution means the constitution of the republic of south africa, 1996 act no. 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. Optimal antitrust penalties and competitors injury. Treatment of dominant firms in competition law a comparative study is my own work and that all sources used have been appropriately acknowledged by making use of the reference methods approved for the college of law, university of south africa. By helen kean on friday, 1 december, the minister of economic development, ebrahim patel, published the competition amendment bill, 2017, for public comment. A practical guide to the south african competition act. Numerous and frequentlyupdated resource results are available from this search. Oclcs webjunction has pulled together information and resources to assist library staff as they consider how to handle. Some of the key amendments introduced in the amendment act include the following. There are certain provisions of the competition amendment act, 2018 amendment act which have not yet been enacted.
Competition policy and practice in south africa northwestern. South african competition law home brand south africa. Competition law expert gomolemo kekesi shares her views with fin24 on what changes to south africas competition act, which is currently before cabinet, could entail. Now under the authorship of sutherland and kemp, competition law of south africa also includes complete commentary and is. 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. I declare further that this thesis or any part of it has not been submitted to another. To provide for the establishment of a competition commission. Amended by competition amendment act 18 of 2018 from date to be proclaimed amended by financial markets act 19 of 2012 from 3 jun 20. The competition act, 1998 regulates mergers having an e.
However, as in most developed economies, competition is controlled. The merger control regime in south africa is regulated by chapter 3 of the competition act, 1998 competition act. Competition amendment act 18 of 2018 english afrikaans south. South africas competition legislation before 1998 was that it did not address the high. Laws of south africa legislation lesotho law leslii liberian law liberlii.
Regulations related to covid19 south africa by laws. The amendment act introduces extensive changes to the south african competition law landscape. The purpose of the competition act of 1998 is to promote and maintain competition in south africa to achieve the following objectives. This is what changes to the competition act could look like. In terms of section 8 1 of the competition act a dominant firm may not charge an excessive price to the detriment of consumers or customers. S 18 amended by competition amendment act 1 of 2009 from date to be proclaimed. Short title this act may be cited as the competition act, 2010. Both of these acts have quite a lot in common and both are here for the benefit of the consumer andor client. Competition law and policy in south africa south africa aspires to a modern competition policy regime to support the fundamental restructuration of government institutions. Competition policy and practice in south africa 26.
South africas economic system is predominantly based on free market principles. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Pdf notes on competition act ajay r kamath academia. The competition act is unique in that it is the product of south africa. Competition amendment act 18 of 2018 english afrikaans. Pdf dumping and the competition act of south africa. The mouton commission report16 proposed a new south african competition law regime, which came about in the form of the maintenance and promotion of competition act. A number of african countries have introduced or proposed new or updated legislation, and some jurisdictions have. Competition authority and the competition tribunal, and for connected purposes l. There are changes that may be brought into force at a future date. Institutional architecture for competition regulation the competition act provides for three agencies to enforce and.
Amended by competition amendment act 1 of 2009 from date to be proclaimed. To safeguard and promote competition in the namibian market. To provide for the establishment of a competition commission responsible for the investigation, control and evaluation of restrictive practices, abuse of dominant position, and. Reliable information about the coronavirus covid19 is available from the world health organization current situation, international travel. It applies to all economic activity within, or having an e. Competition act 1998 is up to date with all changes known to be in force on or before 18 february 2020. See coming into force provision and notes, where applicable. Republic of south africa the competition commission. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Competition law of south africa was originally launched in 2000 as a collection of relevant legislation and related material. South africas competition regulators have been rigorously enforcing the competition act which came into force in 1999. 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.
The competition act south africa has recently introduced two acts which came into effect on the 1st april 2011, the consumer act and the competition act. Importantly, the main aims of the proposed changes are to address firm. Competition act 1090 kb act current to 20200402 and last amended on 20191218. It was a report by that board which led to south africas first general competition law, the regulation of monopolistic conditions act of 1955.
Accordingly, transactions between parties in a foreign jurisdiction, which has an e. However the consumers act has not been tested in court. S 18 amended by competition 2nd amendment act 39 of 2000 from 1 feb 2000. The act regulates mergers and anticompetitive conduct which it refers to as prohibited practices. This bill proposes important changes to south africas current competition act, with a short summary provided by this blog.
Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. The overarching theme of the amendment act is the enhancement of the degree of public interest considerations in competition. Government gazette staatskoerant southern african legal. Review of the act undertaken by edd and competition. The competition amendment act the amendment act was signed into law by president cyril ramaphosa on february 2019.
Act to provide for the establishment of a competition commission responsible for the investigation, control and evaluation of restrictive practices, abuse of dominant position, and mergers. Changes and effects are recorded by our editorial team in lists which can be. The act has fundamentally reformed south africas competition regulation regime and has created new competition authorities with significant powers. That apartheid and other discriminatory laws and practices of the past resulted in excessive concentrations of. Competition act were signed into law on february 2019. An act to provide for free competition in all spheres. We provide all south africans equal opportunity to participate fairly in the national economy. That apartheid and other discriminatory laws and practices of the past resulted in excessive concentrations. The competition act was significantly and substantively amended with effect from 12 july 2019.
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