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Taking the Collusion out of Collaboration between Competitors
by Nokwanda Zondi, Candidate Attorney, under supervision of Rudolph Raath, Director The Competition Commission's 2022 'Guidelines on Collaboration Between Competitors on Localisation Initiatives' and avoiding cartel [...]
Manna or a bitter pill – a perspective on public interest
Public interest considerations There is little debate around public interest considerations carrying the same weight as competition issues in South African merger investigations - a position [...]
Once empowered, always empowered?
There has been a recent shift in emphasis by the Competition Commission of South Africa (the Commission) from simply protecting competition and market conditions to actively [...]
Online Intermediation Platforms Market Inquiry – Provisional Summary Report Released
Digital markets are the fastest growing segment of the economy according to the Competition Commission ("Commission"), who has today released its provisional summary report in the [...]
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 [...]
Competition Commission and Information Regulator sign a Memorandum of Agreement
Competition Commission and Information Regulator sign an MoU by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the Competition Law [...]
Competition law and consent agreements, closing the door on civil damages?
Competition law and consent agreements by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the Competition Law Practice; and Dale [...]
Merger approval without a specific acquiring or target firm
Merger approval The Competition Act 89 of 1998 ("Competition Act") and Commission Rules[1] contain review provisions that establish a mandatory filing regime for transactions that meet [...]
The COMESA Competition Commission’s increasing emphasis on competition enforcement and conduct cases
The COMESA Competition Commission 1. The Common Market for Eastern and Southern Africa (COMESA) covers 21 countries namely Burundi, the Comoros, the Democratic Republic of Congo, [...]
Burger King merger approved – what role will black ownership play in future mergers?
Burger King merger 1. The Competition Commission's prohibition in June 2020 of the sale of Burger King (South Africa) (RF) (Pty) Ltd ("BKSA") to private equity [...]
The cost of speaking ill of the Competition Commission
Proceedings before the Competition Commission Litigation is, by its very nature, adversarial and in consequence, litigants are sometimes prone to making rash and unfounded assertions and [...]
The prohibition of the Burger King merger and the increasing importance of Broad-Based Black Economic Empowerment factors for South African competition law
The prohibition of the Burger King merger 1. The recent decision by the Competition Commission to prohibit the sale by Grand Parade Investments ("GPI") of Burger [...]
Competition Commission Launches Online Market Inquiry – Key Priority Sector
by Dominique Arteiro, Director Background: Online Platforms Today, 19 May 2021 the Competition Commission of South Africa ("Commission") officially commenced its market inquiry into online intermediation [...]
Impact of Covid-19 on merger conditions
Merger conditions There is no doubt that the Covid-19 pandemic has had, and is continuing to have, a severe impact on all aspects of our lives. [...]
Competition Commission’s Report on the effects of the Covid-19 Block Exemption for the Retail Property Sector, 2020
by Dominique Arteiro, Director Background On 23 April 2021, the Competition Commission ("Commission") published a notice in the Government Gazette in which it, inter alia, indicated that [...]
Winning a battle, but losing the war? Interim relief granted……
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Dale Adams, Associate On 25 March 2021, the Competition [...]
The Side Hustle – The Dangers of not being legally compliant
by Dominique Arteiro, Director and Taryn Potter, Director Entrepreneurs and small and medium businesses (SME) have been heralded by many commentators as the panacea for job [...]
Automotive aftermarket shake-up – The Competition Commission’s final Automotive Aftermarket Guidelines
by Dominique Arteiro, Director: Competition Practice "These Guidelines are aimed at removing restrictions imposed by OEMs on car owners on the service providers for service and [...]
Big data, big competition law issues – emerging competition enforcement in the fourth industrial revolution: big data, algorithms and abuse of dominance
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of the Competition Law Practice Introduction 1. Digitalization enables companies to systematically collect, analyse [...]
Considerations for the digital economy – Insight from UNCTAD
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of the Competition Law Practice; and Tayli Hanan, Candidate Attorney The United Nations Conference [...]
The beginning of the end…? Google’s epic antitrust battle begins
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and Member of the Competition Practice; and Dale Adams, Candidate Legal Practitioner and Associate Introduction 1. [...]
10 things you should know about the Competition Commission’s strategy document – Competition in the Digital Economy
by Dominique Arteiro, Director During the second week of September 2020, the Competition Commission of South Africa ("Commission") published its strategy document entitled "Competition in the [...]
The Crossroads, When Giants Intersect Competition and Data Protection Law
by Ahmore Burger-Smidt, Director and Head of Data Protection and Privacy Practice; and Dale Adams, Candidate Attorney "…it's not always turnover that makes a company an [...]
Excessive pricing in State procurement of PPE
by Petra Krusche, Director and Rethabile Sebotsa, Candidate Attorney The COVID-19 national state of disaster declared in terms of the Disaster Management Act No. 57 of 2002 [...]
Constitutional Court weakens a key defence for respondents in historical competition cases
by Pieter Steyn, Director The recent decision by the Constitutional Court in the case involving the Competition Commission and Pickfords Removals has significant implications for respondents [...]