by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the Competition Law Practice and Nyiko Mathebula, Associate

The Competition Commission of South Africa (“the Commission“) has published the draft Terms of Reference regarding its intended market inquiry into the Fresh Produce Market. Interested parties have until 25 April 2022 to submit written submissions to the Commission.

The Commission is of the belief that the Fresh Produce Market may have features that impede, distort, or restrict competitiveness within that market. As such, it intends to investigate the whole value chain of the fresh produce industry from the input level to end-user consumption. This includes role players such as –

Part of the Commission’s concerns centres around the cost of fresh produce (i.e., price) and barriers to entry for fresh produce farmers (especially small‑scale and emerging farmers). On a broad level, the Commission deems it necessary to canvass the following –

• the efficiency of the value chain;
• market dynamics and impact of key inputs for growers;
• small and HDP growers and participation; and
• barriers to entry in relation to the regulatory environment.

Consequently, the comment period presents an opportunity for role players in the fresh produce industry to participate in this process and help shape the focus of the South African Fresh Produce Market Inquiry. In so doing, the eventual thinking and understanding of the issues that the Commission will be investigating can also be shaped.

For more details, contact us at aburgersmidt@werksmans.com or pkrusche@werksmans.com.

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