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Relief for cystic fibrosis patients? The Competition Commission Closes Investigation into Vertex Pharmaceuticals
Reviewed by Rudolph Raath, Director "… poverty alleviation, the provision of high-quality education, the best health enhancing facilities or necessities, and the enablement of the best business [...]
Tainted treats, spoiled foods and potential dangers…are there any legal safeguards for consumers?
In recent weeks gone by, there have been numerous food poisoning cases reported[1] resulting in serious health issues and, in some cases, even death of children. [...]
Is your iPhone “illegal”?
and Ntombi Nzimande - Candidate Attorney Vertical integration is a powerful strategy employed by businesses to control more than one stage of their supply chain. By [...]
Sparking Entry into the Electricity Market
Solar energy remains a desirable source of electricity for businesses even "after" loadshedding, but high costs can be prohibitive. The DTIC's Block Exemptions for Energy Suppliers [...]
The Competition Commission’s Revised Final Public Interest Guidelines: A Critical Framework for Merger Analysis
and Chiara Ferri - Candidate Attorney Introduction The South African Competition Commission ("Commission") has published its final revised Public Interest Guidelines ("the Guidelines") relating to merger [...]
Newsflash: The Competition Authority of Kenya clarifies the position on Administrative Remedies and Settlement.
and Lwazi-Lwandile Simelane - Candidate Attorney On 21 March 2024, the Competition Authority of Kenya ("the CAK") announced that it had published the Consolidated Administrative Remedies [...]
COMESA’s first ever fine for Anti-Competitive Business Practices
By Nkonzo Hlatshwayo Director, Phuti Mashalane Director and Chiara Ferri, Candidate Attorney The COMESA Competition Commission ("CCC") is clamping down as they issue their first fine [...]
Take note and prepare to comment – Proposed Amendments to the COMESA Competition Regulations
and Chiara Ferri, Candidate Attorney On 24 January 2024, the COMESA Competition Commission ("CCC") published its Draft COMESA Competition and Consumer Protection Regulations ("Draft Regulations"). COMESA [...]
Ground-breaking European Union legislation limits dominance of major tech corporations
and Chiara Ferri, Candidate Attorney The Digital Markets Act ("DMA") is a piece of EU legislation aimed at targeting enormous tech companies that operate platforms serving [...]
On to the next! The Competition Commission Sets its Sights on Digital Platforms
The Competition Commission (Commission) plans to conduct an inquiry into the distribution of media content on digital platforms.[1] The inquiry, named the Media and Digital Platforms [...]
Fresh Produce Market Inquiry: What is it all about? Apples, pears, grapes, avocados, tomatoes, onions and more
The Competition Commission (Commission) is set to conduct a market inquiry into the fresh produce market of South Africa (Fresh Produce Market). We previously discussed this [...]
When your data depository and platform are the biggest, competition law becomes important or a problematic weapon!
"...In so doing, Google has engaged in exclusionary conduct that has severely weakened, if not destroyed, competition in the ad tech industry…"[1] Imagine, you are planning [...]
Re-inventing the wheel or balancing the scales?
Digitalisation, globalisation and the COVID-19 pandemic have made certain online platforms (along with their products and services) integral to the lives of billions of global citizens [...]
The Competition Commission turnips the heat on fresh produce – 10 things you should know
by Dominique Arteiro, Director Fresh Produce Market Inquiry On 14 February 2023, the Competition Commission of South Africa (“Commission”) published in the Government Gazette the final Terms of [...]
The test for merger specificity restated and endorsed
As part of the merger notification process, merging parties must disclose whether the merger will or even has caused job losses - the protection of jobs [...]
Considering the competition law implication of crypto currency and regulation one ought to say – Competition Commission start running!
The cryptocurrency sector is innovative and fast-moving. Cryptocurrency and crypt exchanges are attracting a lot of focus also as Crypto exchanges have achieved enormous success. But [...]
Tsunami of a Penalty as “Lucky Monopolist” gets Unlucky
by Rudolph Raath, Director and Nokwanda Zondi, Candidate Attorney In a rare display of its utmost displeasure, the Competition Tribunal ("Tribunal") this year imposed the maximum [...]
Competition Law Treatment of Joint Ventures in the COMESA region
The Mergers Working Group (MWG) of the Antitrust Committee of the International Bar Association (IBA) has formulated the first multi-jurisdictional survey dedicated exclusively to the competition [...]
Characterisation: Much ado about nothing
"Characterisation is the biggest problem of our time" according to the Competition Commission's (Commission) Cartels Division Manager's statement at the 16th Annual Competition Law, Economic & [...]
Information Exchange and Collusion: Revised (and Trimmed) Draft Guidelines
by Rudolph Raath, Director and Mmamoloko Buthane, Candidate Attorney On 23 September 2022 the Competition Commission of South Africa (Commission) published its revised draft "Guidelines on [...]
Small mergers in digital markets are on the Competition Commission’s radar
by Dominique Arteiro, Director, and Sandiso Dhlomo, Candidate Attorney Guidelines on small merger notification The Competition Commission of South Africa (Commission) recently published its final guidelines [...]
Section 12A(3)(e) – Is it really all about promoting HDP or worker ownership?
by Graeme Wickins, Director Section 12A(3)(e) of the Competition Act Much has been written about the hyper-focus the Competition Commission (Commission) is currently applying to the [...]
Bid rigging vs price fixing: Clarification on when you will be deemed to have exited a cartel
Understanding what is exactly required to demonstrate that a company has distanced itself from a cartel is undoubtedly of great importance. The Competition Appeal Court (CAC) [...]
Breaking set stone – exceptional circumstances and the variation of Competition orders
by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the Competition Law Practice, and Siyabonga Galela, Candidate Attorney The Competition [...]
Jump the gun, bite the bullet: Consequences of failure to notify a merger in Africa
by Paul Coetser, Director & Head of Competition, and Sandiso Dhlomo, Candidate Attorney It is no longer a surprise that many, if not most, African countries [...]