Legal updates and opinions
Post Author
News / News
Market Inquiry: South African Fresh Produce Market
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 –
| LEVEL IN VALUE CHAIN | EXAMPLE |
| INPUTS | Seed & fertilizer companies; farm equipment suppliers; agrochemical companies |
| PRODUCERS | Large‑scale producers and small‑scale growers |
| WHOLESALE | Produce Markets (national fresh produce markets) |
| INTERMEDIARIES | Exporters and processors |
| WHOLESALE‑RETAIL | Distribution centres |
| RETAIL | Formal and informal traders |
| CONSUMERS | Local consumers and foreign market consumers |
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.
Competition Law e-Learning Tool
Find out more about our Competition e-Learning tool.
Latest News
Recent Competition Tribunal Case clarifies approach to ownership conditions in South African merger approvals
by Pieter Steyn, Director In a recent case, the Competition Tribunal clarified its approach regarding the imposition of conditions for [...]
Proposed New Capital Flow Management Regulations fail to live up to expectations
by Kyle Fyfe, Director On 17 April 2026, National Treasury and the South African Reserve Bank published the long awaited [...]
Understanding the 1 May 2026 BCEA Earnings Threshold Adjustment: Implications for employers and employees
by Banky Sono, Director, Dakalo Singo, Head of Pro Bono, Neo Sewela, Director and Sandile Mogweng, Candidate Attorney The Minister [...]
The Banks Win on Appeal: SCA Overturns R704 Million High Court Judgment
by Tshegofatso Matlou, Associate, reviewed by Jones Antunes, Director In the decision of African Banking Corporation of Zambia Limited and [...]
Out with the Old: South Africa’s Proposed Overhaul of Exchange Controls and the Inclusion of Crypto Assets
by Janice Geel, Associate and Azraa Sidat, Candidate Attorney, reviewed by Natalie Scott, Director and Head of Sustainability On 17 [...]
Do not call me I’ll call you …… South Africa’s 2026 CPA Amendment Regulations: operationalising the national opt‑out regime for direct marketing and shifting day‑to‑day anti‑spam responsibility to the National Consumer Commission
by Ahmore Burger-Smidt, Director and Head of Regulatory The Consumer Protection Act Amendment Regulations, 2026 deliver the long‑awaited operational framework [...]
