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Competition Law

  • Competition Law

      • This area of law governs the accessibility of a more open and competitive economy that would not only attract foreign investment
        but would also make South African countries globally competitive.

        The Competition Act 89 of 1998 applies to all economic activity within, or having an effect within, South Africa. This means that a
        transaction or agreement between parties in a foreign jurisdiction, which has an effect in South Africa, is subject to the provisions of the Act.

        The South African competition law developments brought about the commencement of the Competition Amendment Act 18 of
        2018 which aims to encourage further inclusion and create more opportunities, especially for small and medium enterprises (SME),
        and businesses owned or controlled by historically disadvantaged persons (HDP).

        The Amendment Act makes provision for, among other things, the test for excessive pricing, abuse of buyer power, price
        discrimination, category exemptions for prohibited practices, additional considerations for the competition authorities in merger
        decisions, Ministerial intervention in merger proceedings, additional market inquiry powers for the Competition Commission,
        revised penalty provisions, and advisory opinions by the Commission.

        In terms of the abuse of dominance provisions, the Amendment Act has introduced the concept of ‘buyer power’ to prevent a
        dominant firm in a designated sector from imposing unfair prices or trading conditions on a SME or HDP supplier.

        In enforcing the new provisions the regulator will need to draw a balance between the interests of larger firms and their potential
        efficiencies, and the importance of developing underrepresented sectors of the economy.
        ___________________________________________________________
        Hi, I’m Kailash Pillay, an attorney from the city of Johannesburg. My passion for the law
        stems from a desire to improve upon the lives of the vulnerable who fall prey to a
        corrupt system.
        I studied at the University of Johannesburg where I obtained my Bachelor of Laws
        degree, the starting point to the long journey of becoming a legal practitioner.
        This profession has taught me to persevere through the complexities of the law and to
        continually develop my skills as a legal professional.