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A Practical Guide to the South African Competition Act

The implementation of the Competition Act in 1999 introduced an important shift in the South African competition law framework.

Publication Language: English
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R720.00
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ISBN/ISSN: 9780409113693

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The implementation of the Competition Act in 1999 introduced an important shift in the South African competition law framework.

The implementation of the Competition Act in 1999 introduced an important shift in the South African competition law framework. After 16 years, many still find the Act technical and difficult to apply. This book provides practical insights into the theoretical underpinnings of our competition legislation. A Practical Guide to the South African Competition Act is a compendium of all the most frequently asked questions about the Act and the economics that underpin it, with lucid and helpful answers. Since the first edition, there have been a number of important changes to the law, the approach of the authorities to the economic analysis of cases and the consequences for contraventions. These developments as well as ground-breaking decisions and interventions on the part of our authorities are covered in the new edition.

Featured authors

Table of contents

South African competition policy and law

Introduction

Competition policy and law definition and origin

South African Competition Act aims and provisions

The competition authorities

The Competition Tribunal

The Competition Appeal Court

The analytical framework

Introduction

Competition and market power

Market definition

The nature of competition and market power

Oligopoly

What kind of market structures raise competition concerns

What is market concentration

What are barriers to entry

Is there a casual link between market structure and market power

What is market conduct

What is anti competitive market conduct

What is market performance

Substantial lessening or prevention of competition

Is big always bad The efficiency defence

Horizontal agreements

Introduction

Relevant section of the Competition Act

Horizontal agreements rationale for regulation

Per se provisions restrictive horizontal practices

Rule of reason provision

Evidentiary requirements

Penalties

Practical considerations

Vertical agreements

Introduction

Relevant section of the Competition Act

Vertical agreements rationale for regulation

Per se prohibition resale price maintenance

Minimum RPM evedintiary requirements

Rule of reason prohibitions non price vertical restraints

Non price vertical restraints evedintiary requirements

Franchising

Penalties

Practical considerations

Abuse of dominance (general provisions)

Introduction

Test for dominance relevant section of the Competition Act

Test for dominance market shares and market power

General provisions relevant sections of the Competition Act

Dominance rationale for regulation

Per se prohibitions excessive pricing and essential facilities

Rule of reason prohibitions exclusionary acts

Dominance provisions evidentiary requirements

Penalties

Practical considerations

The Competition Act and price setting

Introduction

Price discrimination relevant section of the Competition Act

Price discrimination rationale for regulation

Price discrimination substantive legal considerations

Price discrimination evedentiary requirements

Volume discounts and loyalty-enhancing discounts

Penalties

Practical considerations

Exemptions

Introduction

Relevant sections of the Competition Act

Exemptions substantive legal considerations

Exemptions procedures

Exemptions review procedures for applications in regard to restrictive practices and intellectual property

Exemptions review procedures for applications in regard to professional association in rules (Schedule 1 exemptions applications)

Exemptions appeal proceedings

Practical considerations

The analytical framework for the assessment of mergers

Introduction

Relevant section of the Competition Act and important concepts

Mergers rationale for regulation

Mergers analysis substantive issues

Mergers the efficiency defence

Mergers public interest considerations

Penalties

Practical considerations

Legal and procedural aspects relating to merger regulation

Introduction

Relevant sections of the Competition Act

Merger notification substantive legal considerations

Merger notification procedures

Merger investigations procedures

Merger appeal proceedings substantive legal considerations and procedures

Participation in merger proceedings

Penalties

Practical considerations

Complaint proceedings

Introduction

Initiative and withdrawal of a complaint relevant sections of the Competition Act

Initiative and withdrawal of a complaint substantive legal considerations

Initiation and withdrawal of a complaint procedures

The assessment and outcome of a complaint relevant sections of the Competition Act

The assessment and outcome of a complaint substantive legal considerations and procedures

Competition Commission powers of investigation

Practical considerations

The investigative powers of the Competition Commission

Introduction

Relevant sections of the Competition Act

Down raids

Execution of a dawn raid

Post dawn raid responsibilities

Summons

Practical considerations

Adjudication proceedings

Introduction

Adjudication of complaints relevant sections of the Competition Act

Adjudication of complaints summary of proceedings

Complaint referral substantive legal requirements and relevant procedures

Intervening in adjudication proceedings substantive legal requirements and relevant procedures

Prehearing conferences substantive legal considerations and relevant procedures

Discovery substantive legal requirements and relevant procedures

The Competition Tribunal hearing

Record of the hearing

Witnesses

Ancillary matters

Practical considerations

Public enforcement and remedies

Introduction

Administrative penalties relevant section of the Competition Act

Administrative penalties substantive legal considerations and procedures

Criminal sanctions relevant sections of the Competition Act

Criminal sanctions substantive legal considerations and relevant procedures

Positive measures relevant section of the Competition Act

Positive measures orders to compel the supply or distribution of goods services

Positive measures orders to compel access to an essential facility

Positive measures divestiture orders

Interdicts relevant section of the Competition Act

Interdicts substantive legal considerations and relevant procedures

Consent orders relevant sections of the Competition Act

Consent orders substantive legal considerations and relevant procedures

Informal settlements relevant sections of the Competition Act

Declarations relevant section of the Competition Act

Declarators substantive legal considerations and relevant procedures

Practical considerations

Appeals and reviews

Introduction

Relevant sections of the Competition Act

Summary of the appeal process

Appeal proceedings substantive legal considerations and procedures

Summary of the review process

Application to review substantive and procedural considerations

General matters applying to both appeals and reviews

Appeals to Supreme Court of Appeal

Practical considerations

Private enforcement and remedies

Introduction

Interim relief relevant sections of the Competition Act

Interim relief summary proceedings

Interim relief substantive legal considerations

Declarators

Consent orders

Claims for damages relevant sections of the Competition Act

Claims for damages substantive legal considerations and relevant procedures

Practical considerations

Confidentiality

Introduction

Relevant sections of the Competition Act

Substantive legal considerations

Procedures

Practical considerations

Advisory opinions

Introduction

Substantive legal considerations

Procedures

Practical considerations

Whistleblowing

Introduction

Substantive legal considerations

Procedures

Practical considerations

Competition law compliance programmes

Introduction

Background to compliance programmes

Goals and key elements of an effective compliance programme

Implementation and monitoring

Ancillary issues

Practical considerations

Table of cases