Articles
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.
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.
Competition code of Conduct for the Automotive Sector: Calls for Submissions
On 26 September 2017, the Competition Commission published for comments its Draft Competition Code of Conduct for the Automotive Industry. Comments to be submitted by 3 November 2017.
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.
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.
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.
Competition Law Update - Search Warrants: How Far do they Stretch
How you deal with a dawn raid is critical.
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.
Will it be the Luck of the Irish or Will Apple be Left Paying the Bill?
On 30 August 2016, following an in-depth state aid investigation launched in June 2014, the European Commission concluded that Ireland granted undue tax benefits of up to €13 billion to Apple.
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.
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.
Transnet Under the Spotlight: Investigated for Excessive Port Prices and Exclusionary Practices
On Thursday 7 July 2016, the Competition Commission announced that it was investigating Transnet for various abuses of dominance including excessive port prices and various exclusionary practices. The investigation is long overdue and to be welcomed.
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.
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.
Competition Amendment Act Cartel Contraventions Now Crimes
Price fixing, market division and tender collusion between competitors will be criminal offences in terms of the Competition Act
Hot Off The Press: Competition Amendment Act Cartel Contraventions are Now Crimes!
From 1 May 2016 price fixing, market division and tender collusion between competitors will be criminal offenses in terms of the Competition Act, 1 2009.
Apple, Privacy, POPI and Cybercrimes
Update on how POPI will impact the security of information on social media sites.
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.
Competition Commission Dawn Raids: Don't Get Caught Short!
Dawn raids are an extremely effective weapon in the Competition Commission's arsenal, and they are a weapon the Commission uses often and effectively.
Be Afraid, Be Very Afraid, The Cybercrimes Bill and State Control of Computer Networks
There are many things wrong with South Africa but our Constitution remains something to be proud of. With the computer age and especially the Internet, instant communication has embarrassed governments and politicians the world over.
Girl Nearly Drowns in Fishpond: Are the Homeowners Legally Responsible?
Toddlers and small children are really difficult to keep track of and have an unerring attraction for danger; and danger seems to be just about everywhere. From trampoline to jumping castle, jungle gym to fountain or swimming pool, all can be very dangerous for children.
Having its Cake (or Bread) and Eating it - The Consequences of the Competition Commission's Decision Not to Include Premier in its Bread Price Fixing Complaint Referral
On 4 November the Supreme Court of Appeal found that the Competition Commission had to live with its choice not to refer the bread price fixing complaint against Premier Foods to the Competition Tribunal for determination.
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.
The Consumer Protection Act - Important Update
The Consumer Protection Act not only prohibits unfair, unreasonable and unjust contract terms but also “unconscionable conduct”.
Telecommunications Mergers: Turf War Territory
The Competition Commission ("the Commission") considered two large telecommunications mergers this year and made diametrically opposing recommendations to the Tribunal.
Competition Commission carries out Dawn Raids on Suppliers of LPG and Gas Cylinders
Today, 14 October 2015, the Competition Commission is carrying out dawn raids on AFROX, Oryx Oil, EasiGas and the Liquefied Petroleum Gas Safety Association of Southern Africa (LPG Association) in Gauteng and KayaGas (Pty) Ltd and Totalgaz in the Western Cape.
Competition Appeal Court Cautions the Competition Tribunal over Excessive Pricing Decision
The Competition Appeal Court ("CAC") recently grappled with the question of excessive pricing.
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.
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."
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.
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.
Competition Commission Proposes Increase in Administrative Penalties - news update from the Corporate & Commercial Law Department
At 12:00 on 16 February 2015, the extended deadline for commenting on the Competition Commission's draft guidelines for the determination of administrative penalties for anticompetitive conduct expires.
Competition Law Update, Competition Act penalties to increase in key areas, featured in Business Report.
The administrative penalty imposed on companies who contravene the Competition Act is set to increase substantially in certain key instances.
