Legal updates and opinions
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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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
