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Lexis® Practical Guidance: Competition Law

Why Lexis® Practical Guidance: Competition Law?

Users get direct access to critical, up-to-date information and guidance that they can rely on.

Lexis® Practical Guidance Guidance Competition Lawis a practical and user-friendly, online tool that offers step-by-step guidance on how to comply with the Competition Act; a critical element of legislation that ensures full and free participation in the economy by all South Africans.

This practice area covers both prohibited practices and merger regulations. It assists users in determining if their conduct falls foul of the Competition Act and provides practical tips on how to avoid non-compliance. With guidance on restrictive practices, abuse of dominance, price discrimination and so much more, users are able to clearly understand what constitutes a notifiable transaction. Further guidance is offered on how to approach with the competition commission authorities if aggrieved by the conduct of others. Valuable insights are offered into what factors are assessed prior to a merger and how to compile a complete merger filing.

Lexis® Practical Guidance Competition Law content is authored and regularly updated by expert professionals, ensuring users have direct access to pertinent information, updated regulations, current legislation as well as helpful, time-saving resources, such as flowcharts, detailed checklists, customisable precedents and Getting the Deal Through Guides.

With Lexis® Practical Guidance: Competition Law you get:


Convenient online access to:
  • 31 Topic Overviews and over 75 Guidance Notes
  • More than 20 Forms, Precedents and Checklists – ensuring not a single step is missed
  • Legislation & Case Law – access to relevant cases at the click of a button
  • Practice Directives – practical advice on how to interpret the rules of court
  • Over 220 other useful resources such as external websites and additional readings

Guidance on each step taken in Business Law:
  • Competition law and when it applies
  • Prohibited practices
  • Horizontal and vertical restrictive practices
  • Non-compliance with section 4, 5, 8 or 9
  • "Rule of reason" practices and analysis
  • Abuse of dominance
  • Exclusionary acts
  • Price discrimination
  • Administrative penalties
  • Exemptions
  • Merger control and assessment
  • Corporate leniency policy
  • The Competition Commission and Tribunal
  • The Competition Appeal Court
  • Dawn raids and summons procedures
  • Market enquires
  • Confidentiality
  • International anti-trust
  • Getting the deal through guides

Guidance Notes

Useful reference material that offers direct access to relevant case law, legislation and commentary works, and practical know-how on specific aspects of competition law.

A few key guidance notes are outlined below. The full list can be viewed in the complete table of contents.

The full list can be viewed in the complete table of contents.Parties to a notifiable merger must complete a merger filing to the Competition Commission. Submitting an incomplete filing can lead to significant delays or the competition authorities making a decision without having all the essential facts.

This guidance note outlines who needs to complete the filing, what steps must be taken and what must be included in the filing.

It also includes helpful resources, such as:

  • Official Competition Commission forms
  • A merger filing checklist
  • Templates of a competitiveness report
  • A merger filing cover letter.

How to apply for leniency

The Corporate Leniency Policy (CLP) allows parties to apply for immunity against prosecution in return for disclosing all information relating to cartel conduct. 

This guidance note explains:

  • How to determine whether the CLP applies
  • How to determine whether the CLP applies
  • How to apply for a marker (including a template of a marker application)
  • What takes place at each meeting.

What is prior implementation?

The Competition Act 89 of 1998 prohibits the implementation of notifiable mergers before the approval of the relevant competition authority has been obtained. The overriding principle is that the parties' businesses be kept entirely separate until approval is obtained. The target firm must run its business independently of and without material influence from the acquiring firm, until clearance for the merger has been obtained.

This guidance note explains:

  • Covers what constitutes prior implementation
  • Provides resources on how to avoid prior implementation
  • Explains how to avoid information sharing concerns in order to avoid penalties.

What is confidential information and how can it be claimed?

Due to the nature of investigations carried out by the Competition Commission, merging parties, complainants, respondents in complaints and other parties may need to submit information to the Commission which is not in the public domain and must be kept confidential.

This guidance note explains:

  • Outlines what qualifies as confidential information
  • Explains how to claim confidentiality
  • Provides the confidentiality claim form that must be used when making an application to the Competition Commission.

Practical Aids

Precedents, checklists and forms that can be used to offer advice confidently and execute tasks accurately.
A few key resources are listed below. The full list can be viewed in the complete table of contents.

  • Guidelines for safe information sharing
    • Explains what competitors can safely share without contravening the Competition Act.
  • Vertical practices – red flag clauses in agreements
    • Highlights commonly used clauses that may substantially limit competition.
  • Covering mortgage bond
    • A mortgage bond that secures a debt to be created in the future, e.g. by future advances under a loan.
  • Example of a leniency application
    • A template of what should be included in this application.
  • Example of a marker application
    • A template of how to correctly complete this application
  • Getting the Deal Through guides
    • International guides on dealing with merger control, abuse of dominance, cartel regulation, private anti-trust litigation and vertical agreements in 30 countries worldwide.

Authors










Rosalind Lake
Tessa Stuart

BA, LLB, LLM (Rhodes University)

Rosalind Lake is a director at Norton Rose Fulbright (Johannesburg), specialising in the Competition and Consumer Protection Acts and how they affect business in South Africa. Rosalind advises clients on merger filings and consumer protection issues across a number of African jurisdictions including COMESA. She is highly skilled in developing and implementing customised compliance programmes and, in particular, training employees on how to comply with the Competition and Consumer Protection Acts. Rosalind has been recommended by the top international research publication, Legal500, as having a 'fine reputation' and being 'very efficient, thorough and knowledgeable'. Rosalind is a published author, a regular conference speaker, guest speaker and is often interviewed on television and radio as a specialist in Competition and Consumer Protection related topics. She also frequently contributes articles to mainstream, academic and specialist publications on these subjects.


BAcc, LLB (Stellenbosch University)

Tessa Stuart is a director at Norton Rose Fulbright (Durban). Tessa focuses on mergers, acquisitions, consumer protection, competition law and corporate transactional work. She has a broad range of experience in commercial and competition issues and has been involved in due diligence investigations and mergers and acquisitions of both listed and non-listed companies. She regularly advises clients on compliance with the Competition Act and assists clients with the commercial agreements relating to supply, logistics and warehousing. She has also assisted foreign clients in setting up subsidiaries in South Africa. Tessa published a weekly column in the Natal Witness on the implications of the Act for suppliers and has also has published articles on a wide range of issues in Without Prejudice, Property Law Digest, Money Web, Business Day and IT News and the Travel News Weekly.


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It saves you time and energy so you can focus on the expertise that only you have.


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