The Competition Amendment Act

On 14 February 2019 the President assented to the Competition Amendment Act, 18 of 2018 (Amendment Act). The Amendment Act will begin on a date to be proclaimed by the President in the Government Gazette. And this is not just another amendment act.


22 Feb 2019

Cause to be Concerned: The Competition Amendment Bill

On 1 December 2017, the Minister for Economic Development slipped the Competition Amendment Bill, 2017 into the Government Gazette allowing 60 days for comment........Make no mistake, if passed, these changes will have an enormous impact on the way firms do business in South Africa.


07 Feb 2018

Competition Law Update

On 15 September 2017, the Minister of Economic Development announced that the Competition Commission’s merger filing fees will increase on 1 October 2017 from R100 000 to R150 000 for an intermediate merger and from R350 000 to R500 000 for a large merger.


20 Sep 2017

Medical Aid Funds Win Appeal Against Competition Ruling in Namibia

On 19 July 2017, the Supreme Court of Namibia decided that the Namibian Association of Medical Aid Funds was not an undertaking subject to the Namibian Competition Act. With the question of high medical costs under the spotlight of the South African Competition Commission's healthcare market inquiry, perhaps the issue of benchmark tariffs in the healthcare price context will be revisited.


16 Aug 2017

Competition Law Update - Draft Changes for Comment

On 9 June 2017, the Competition Commission published proposed changes to the lower threshold used for calculating whether a merger has to be reported to the Commission for investigation and approval.


13 Jun 2017

InBev/SABMiller - Lessons from Massmart's Experience

It is interesting to note how the InBev/SABMiller merger was approved relatively quickly when compared to the protracted and embattled merger proceedings in the Walmart/Massmart transaction of 2012.


26 Oct 2016

Competition Law Update: The Biggest Fine Yet!

On 22 August, the Competition Commission announced that it has struck a deal with ArcelorMittal settling all the outstanding investigations and claims against it for a whopping fine of R1.5 billion payable in R300 million annual instalments for the next 5 years.


23 Aug 2016

SAA's Abuse of Dominance Stings Again

An overview of the judgment in the long-running competition law fight and subsequent civil damages claim between Nationwide Airlines and SAA.


10 Aug 2016

Construction Industry and Indirect Price Fixing, a new twist to cartel activities

On 29 June 2016, the Competition Tribunal confirmed a consent order agreed by the Competition Commission with Murray & Roberts and Freyssinet Posten ("Freyssinet"). Murray & Roberts and Freyssinet admitted price-fixing, market division and collusive tendering on over 60 projects and between them agreed to pay a fine of just over R4.7 million.


08 Jul 2016

Competition Act - Alert

On June 9th the amendment to the Competition Act implementing fines of up to R500 000 and prison sentences of up to 10 years or both for cartel crimes commenced.


13 Jun 2016

Healthcare Market Inquiry - Update

Hearings in the Healthcare Market Inquiry resumed in Cape Town yesterday (01 March 2016), and much was made of potential conflicts of interest facing the Board of Healthcare Funders. Today, (02 March 2016) Discovery Health is front and centre and is making its submissions to the panel.


02 Mar 2016

Competition Law - Latest News

On Friday, 30 October 2015, the Competition Commission published its final Terms of Reference ("TOR") for its grocery retail sector market inquiry.


04 Nov 2015

COMPETITION IN THE MOBILE MARKET UNDER SCRUTINY

The Competition Commission recommended the prohibition of a proposed transaction between MTN and Telkom. The transaction involves an acquisition by MTN of Telkom's radio access network (RAN) assets.


19 Aug 2015

Competition Commission draft Terms of Reference for the Grocery Sector Market Inquiry

This is the Commission's latest foray into the retail sector in respect of which it has expressed concern about food prices for some time. The market inquiry will examine whether there are features of the grocery retail sector, which lessen, prevent or distort competition. The inquiry is initiated in terms of Chapter 4A of the Competition Act, 89 of 1998 as part of the Commission's statutory mandate to "implement measures to increase market transparency."


07 Jul 2015

Competition Commission draft Terms of Reference for the Retail Grocery Sector Market Inquiry

On 12 June 2015, the Competition Commission published its draft Terms of Reference for the Grocery Sector Market Inquiry. This is the Commission's latest foray into the retail sector in respect of which it has expressed concern about food prices for some time. The market inquiry will examine whether there are features of the grocery retail sector which lessen, prevent or distort competition.


19 Jun 2015

Dual Distribution Clarified by the Competition Appeal Court

2015 started with a key but largely unsung victory for South African Breweries ("SAB") in its ongoing battle with the Competition Commission. The Competition Appeal Court finally provided some clarity on the critical question of how the Competition authorities should deal with the vexed issue of dual distribution.


20 Apr 2015