Competition Chronicle

Competition Chronicle

Competition & Antitrust | Foreign Investment

Tag Archives: South Africa

A significant increase in the prohibition of mergers in South Africa

Posted in Competition Litigation, Merger Notification & Review
The South African Competition Commission has since the beginning of 2017 prohibited eleven intermediate mergers and has recommended that four large mergers be prohibited.  This number is substantially higher than 2016, when the Commission prohibited three intermediate mergers and recommended that one large merger be prohibited.  For the period end of September to October 2017,… Continue Reading

South Africa: When a competitive bid is not enough

Posted in Competition Compliance Programs, Competition Litigation
One might think that competition law would applaud a firm that submits an independent and competitive bid, in response to a tender aimed at lowering prices.  Recent experience in South Africa suggests that this is not always the case, and that such a firm may face investigation by the competition authorities precisely because it won… Continue Reading

South Africa: More Merger Lessons

Posted in Competition Compliance Programs, Merger Notification & Review
Merger clearance in South Africa is not easy, nor quick. That may be a take-away from observing the recent clearance by the South African authorities of the DowDuPont global merger of equals covering markets for agricultural products, material sciences and chemicals as well as specialized health and electrical products. The merger was cleared some 15… Continue Reading

South Africa: The Competition Commission’s Market Inquiry into Data Services

Posted in Competition Compliance Programs, Competition Litigation
(The full version of this bulletin was originally published on Fasken.com – “The Competition Commission’s Market Inquiry into Data Services” – September 12th, 2017.) On 18 September 2017, the Competition Commission is expected to commence a market inquiry into data services in South Africa. This is the sixth market inquiry to be initiated by the… Continue Reading

Understanding the Competition Commission South Africa’s Public Passenger Transport Market Inquiry

Posted in Competition Litigation
On 7 June 2017 the Competition Commission South Africa will commence a market inquiry into the public passenger transport sector. This is the fifth market inquiry to be initiated by the Commission, following inquiries into the LPG, healthcare, grocery retail and banking sectors. What does the Commission intend to investigate? In terms of the Terms… Continue Reading

The Bicycles case: Silent tandem riders beware

Posted in Cartels & Other Competition Criminal Matters, Competition Litigation
  The passive attendee in meetings at which potentially collusive conduct takes place has recently been considered further and developed by the South African Competition Appeal Court in the ‘bicycles case’. Previously addressed by the South African Competition Tribunal in DPI Plastics Pipes (2012), the Tribunal concluded that an attendee simply cannot stay silent nor… Continue Reading

The Sasol appeal – developing or dismissing excessive pricing law in South Africa?

Posted in Abuse of Dominance, Pricing and Distribution
On 17 June 2015, the Competition Appeal Court of South Africa (CAC) overturned the Competition Tribunal’s decision which found Sasol Chemical Industries Limited (Sasol) guilty of excessive pricing. The CAC’s judgment is thorough and the factual, legal, accounting and economic issues covered are complicated. Although redeeming for Sasol, the judgment may give rise to a number of significant… Continue Reading