Enforcing Competition Rules in South Africa PDF Download

Author: David Lewis
Publisher: Edward Elgar Publishing
ISBN: 1781953759
Category : Business & Economics
Languages : en
Pages : 299

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Book Description
This fascinating book describes and analyses the development of competition law in South Africa, promoting a deeper understanding of the development of this foundational economic law within its specific national, social and economic context. Enforcing Competition Rules in South Africa is a clear and insightful account of the establishment and first decade of one of the most successful competition law institutions to have mushroomed over the past 15 years. David Lewis believes that, while there is much to learn from international scholarship and jurisprudence and from participation in the various multinational initiatives in this field, competition law and its institutions have to be understood within their national economic and social contexts. Drawing strongly on case law and enforcement experiences, this book will appeal to academics, researchers and practitioners of competition law and economics.

Author: Balthasar Strunz
Publisher: Springer
ISBN: 3662576279
Category : Law
Languages : en
Pages : 529

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Book Description
This book analyses essential concepts of competition law and industrial policy, and shows where the two areas clash with and complement each other, respectively. The discussion takes place in the context of developing countries, taking into consideration their realities and specific needs. South Africa serves as a real-world example for competition law that goes beyond the notion of consumer welfare. 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 needs.The book is intended for all readers with an interest in the enforcement of competition law in developing countries. It will particularly benefit those who want to learn about unorthodox approaches that integrate the concept of “public interest” and social imperatives into the application of competition law.

Author: Precious N. Ndlovu
Publisher: Kluwer Law International B.V.
ISBN: 9403544120
Category : Law
Languages : en
Pages : 419

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in 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 enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in South Africa will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.

Author: Imraan Valodia
Publisher: NYU Press
ISBN: 1776141687
Category : Business & Economics
Languages : en
Pages : 312

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Book Description
Shaping markets through competition and economic regulation is at the heart of addressing the development challenges facing countries in southern Africa. The contributors to Competition Law and Economic Regulation: Addressing Market Power in southern Africa critically assess the efficacy of the competition and economic regulation frameworks, including the impact of a number of the regional competition authorities in a range of sectors throughout southern Africa. Featuring academics as well as practitioners in the field, the book addresses issues common to southern African countries, where markets are small and concentrated, with particularly high barriers to entry, and where the resources to enforce legislation against anti-competitive conduct are limited. What is needed, the contributors argue, is an understanding of competition and regional integration as part of an inclusive growth agenda for Africa. By examining competition and regulation in a single framework, and viewing this within the southern African experience, this volume adds new perspectives to the global competition literature. It is an essential reference tool and will be of great interest to policymakers and regulators, as well as the rapidly growing ecosystem of legal practitioners and economists engaged in the field.

Author: Kasturi Moodaliyar
Publisher: HSRC Publishers
ISBN: 9780796924049
Category : Antitrust law
Languages : en
Pages : 0

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Book Description
An important and timely contribution to rapidly growing competition law in South Africa, this study meets the need for critical evaluation of the developments in the field since the Competition Act came into force in 1999. Chapters cover vital questions ranging from broad policy considerations to technical issues in the main areas of competition evaluation, namely merger assessment, abuse-of-dominance enforcement, and the detection and prosecution of cartels. The book reflects on the maturing South African competition law regime and discusses a framework for promotion competition in electronic communications; vertical arithmetic and its application in vertical mergers; price discrimination in input markets; the empirical differences between collusion, parallelism, and competition; and the role of information exchange in facilitating collusion.

Author: David Lewis
Publisher: Edward Elgar Publishing
ISBN: 1781953732
Category : Law
Languages : en
Pages : 227

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Book Description
ÔNearly every important country now has a competition law. It is vital to understand the institutions that drive the operation of these laws. This excellent volume provides case studies of some of the more substantial new competition authorities written by former or current top agency officials and academics closely connected with those institutions. The book highlights the fact that whilst these institutions have certain features in common, they are very much shaped by the history and circumstances of their own countries and cultures, and that any serious prescription for them needs to balance those factors against the general economic doctrines that lie behind competition law around the world. Without that understanding, regulators and those dealing with them are likely to face failure. The book points to ways of resolving those problems.Õ Ð Allan Fels, The Australia and New Zealand School of Government (ANZSOG) This detailed book focuses on the development of competition law institutions and contains case studies that examine this against the backdrop of the debate around global convergence of competition law and the limits imposed by particular national circumstances. Five of the chapters examine the development of competition law regimes in a diverse range of countries: Mexico, Hungary, South Africa, Thailand (with comparative remarks on South Korea) and Zambia. The remaining chapters examine the role of multinational institutions, particularly the International Competition Network, and the practice of and potential for regional competition law arrangements. The majority of the authors are seasoned practitioners of competition law, all of whom acknowledge the importance of convergence, while simultaneously demonstrating the limits imposed by divergent national circumstances. This carefully edited collection is a companion volume to Enforcing Competition Rules in South Africa, an account of the development of competition law institutions in South Africa, authored by David Lewis and published by Edward Elgar. Building New Competition Law Regimes will be of particular benefit to scholars, teachers and practitioners of competition law. It will also be of interest to development studies scholars, teachers and practitioners and to specialists in the countries that are the subjects of the case studies.

Author: Kristin Elizabeth Lewis
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
This dissertation will discuss the current process and procedure of enforcement of competition law in South Africa. A distinction will be drawn between public enforcement and private enforcement. This distinction will show which is the more predominant enforcement method. For this purpose, a detailed discussion of the provisions in the Competition Act 89 of 1998 will follow. The focus of the dissertation will thereafter shift to whether private enforcement is reasonably possible and pursuable by members of the public in terms of South African legislation. The rational for focusing on private enforcement will become clear through a discussion of Nationwide Airlines (Pty) Ltd (in liquidation) v South African Airways (Pty) Ltd 2016 (6) SA 19 (GJ). By 2016, this case was only the second claim of its kind and the first time a claim for damages based on a finding by the Tribunal had been litigated. The discussion will articulate the process of how the matter reached the High Court and the difficulties encountered in claiming damages. Thereafter, a brief discussion on comparative law will be included. The chosen foreign law is that of the European Union (aÌ22́Ơ¿3EUaÌ22́Ơ℗+). EU law was chosen as its competition law is well established and has been in practice for longer than the South African equivalent. Emphasis will be placed on the EUaÌ22́Ơ4́Øs use of private enforcement and any lessons to be learnt in relation thereto. Finally, a conclusion will be reached on whether private enforcement is reasonably possible and pursuable by a member of the public and whether there are any recommendations on how private enforcement could be strengthened in South African law.

Author: Minette Neuhoff
Publisher:
ISBN: 9780409127881
Category : Antitrust law
Languages : en
Pages : 445

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Book Description

Author: Frederic Jenny
Publisher: Springer
ISBN: 331930948X
Category : Law
Languages : en
Pages : 363

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Book Description
This contributed volume focuses on competition policy enforcement in BRICS and developing counties. It examines the role and application of economic analysis and evidence in law enforcement procedures, as well as their influence on competition authorities’ policy-making. The contributors also address topics such as recent developments in competition law and practice, institutional design, indicators of performance in enforcement, the incorporation of public interest concerns in Competition Authority objectives, procedural fairness, procurement procedures and compulsory licensing.

Author: Paulo Burnier da Silveira
Publisher: Kluwer Law International
ISBN: 9789403502830
Category : Antitrust law
Languages : en
Pages : 356

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Book Description
In a short span of years, the landscape of global competition has changed significantly. In particular, international cooperation in competition law enforcement has greatly strengthened the battle against abuse of dominance, cartels, anticompetitive mergers and related political corruption. This thoroughly researched book explains the current situation regarding joint investigations, identifies common problems and considers possible solutions and future developments. In addition to covering issues of competition policy, its authors look in detail at practice in both merger and conduct investigations in a variety of countries.