Business people in South Africa who do business by responding to tenders do so well aware that empowerment credentials assist in standing a good chance of winning. Companies seeking to win a tender over their rivals will therefore often put in tenders in their own name as well as with an empowerment partner. This carries very real competition risks.

A number of years ago, textile manufacturers Berg River Textiles and Da Gama Textiles were both competing for tenders to supply uniforms to various government departments. In each instance they partnered with black empowerment entities, evidently in the hope that this would be of assistance in winning the tenders. Both fell foul of the competition law provisions regarding collusive tendering.

Continue Reading Tendering with an Empowerment Partner? Be Wary of the Collusion Risk

In contrast to Canada, South Africa’s competition law has both competition and public interest objectives.  A major focus of the legislation from a public interest perspective is the promotion of historically disadvantaged persons and small business.  This is understandable, given the fact that when the legislation was first enacted in 1998, South Africa was emerging

Following its recent announcement of a proposed market inquiry in this sector, the South African Competition Commission (the “Commission”) is continuing its efforts to improve regulatory scrutiny within digital markets.  On 7 May 2021, the Commission published for comments draft amendments to its guidelines for the notification of small mergers (the “Draft