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The approach of the COMESA competition commission to distribution, exclusive dealing, supply and other vertical agreements
By Pieter Steyn, Director The Common Market for Eastern and Southern Africa (COMESA) covers 21 countries namely Burundi, the Comoros, the Democratic Republic of Congo, Djibouti, [...]
Ten things you need to know about price gouging: The state of play in South Africa
By Paul Coetser, Director and Head of the Competition practice The Competition Commission is aggressively pursuing any company alleged to have engaged in price gouging during [...]
Some more exemptions from Competition Law during the pandemic
Competition Law during the pandemic We have previously reported on the various block exemptions issued by the Minister of Trade, Industry and Competition ("DTIC Minister") which [...]
Do you have temporary market power? The Competition Commission’s first finding of excessive pricing under the COVID-19 emergency regulations
by Paul Cleland, Director The Competition Commission has, by way of a settlement agreement, concluded its first investigation into excessive pricing related to the national disaster [...]
Joint ventures – once competition law’s ugly sister, now beloved Cinderella?
by Ahmore Burger-Smidt, Director and Head of the Data Privacy practice and Graeme Wickins, Director As the global economy is gripped by the Covid-19 pandemic, world [...]
Regional Competition authorities demand action irrespective of COVID-19
by Ahmore Burger-Smidt, Director and head of the Data Privacy practice; Graeme Wickins, Director; and Dimakatso Khumalo, Candidate Attorney Introduction Undoubtedly economic uncertainty has been sparked [...]
Exemptions from competition law in the banking, retail and hotel sectors amidst covid-19 pandemic
by Paul Coetser, Director and head of Competition Practice, and Mishkah Abdool Sattar, Candidate Attorney Since the issue of our briefing note on 20 March 2020, [...]
Three cartel cases lost by the competition commission before the competition tribunal – what are the implications for future cases?
By Pieter Steyn, Director In the last two months the Competition Commission has lost three cartel cases before the Competition Tribunal. On 4 December 2019, the Tribunal [...]
HAUNTED BY THE PAST … UNTIL WHEN SHOULD HISTORIC CARTEL CONDUCT SPOOK YOU?
By Rudolph Raath, Director and Megan Livingstone COMPETITION COMMISSION V PICKFORDS REMOVAL (167/CAC/Jul18) How long does a firm remain at risk after having ceased contravening the [...]
ECOWAS REGIONAL COMPETITION AUTHORITY LAUNCHES IN THE GAMBIA
By Ahmore Burger-Smidt, Director, Head of Data Privacy Practice, Werksmans Advisory Services The Commission of the Economic Community of West African States ("ECOWAS") officially launched its [...]
Informal complaint initiation – complaints initiated on a ‘wink and a nod’
INTRODUCTION A recent decision by the Supreme Court of Appeal ("SCA") has given the Competition Commission (the "Commission") some latitude to initiate a complaint against a [...]
Directors’ liability and the competition commission’s corporate leniency policy for cartel contraventions
The Corporate Leniency Policy ("CLP") was published by the Competition Commission in 2004 and remains the principal tool employed by the Commission in cartel investigations and [...]
African competition law developments in 2018 and the outlook for 2019
Africa is sometimes described as the "last frontier" of competition law. This observation arises because many African countries have only recently adopted modern competition laws (South [...]
Ten things you need to know about amendments to the Competition Act
On 4 December 2018 the National Council of Provinces voted to approve the Competition Amendment Bill of 2018. With this vote, the Bill has now completed [...]
Knock knock knocking on jail’s door
The amendments to the Competition Act, 1998, which introduce criminal liability for cartel conduct, came into effect on 1 May 2016. The amendments introduced criminal liability [...]
TAKE NOTE, THE COMPETITION AMENDMENT BILL, 2018
On 12 July 2018, it was announced that the Competition Amendment Bill, 2018 ("Bill") was officially introduced to the National Assembly. This Bill details far-reaching changes [...]
Public interest considerations, employment and temporary employment services
INTRODUCTION The effect of a merger on employment is one of the four public interest considerations which must be deliberated on by the Competition Commission [...]
Tools of the trade – do you understand how to navigate through a dawn raid?
The Competition Commission ("Commission") has conducted a significant number of dawn raids during this year alone. From the beginning of 2017, the Commission has raided 47 companies [...]
Common shareholding and cross-directorship – a competitive conundrum when investing
"VICTORY IS BY NATURE INSOLENT AND HAUGHTY" Cicero The South African economic landscape undoubtedly reflects concentrated ownership structures. An economy with this prevailing ownership model, [...]
Competing in a vacuum or not
INTRODUCTION In a modern day society, thanks to technological advancements, information is readily accessible to anyone at any time. No business can compete in [...]
Wheels in motion – the public passenger transport market inquiry
INTRODUCTION The Competition Commission ("Commission") has launched yet another market inquiry. In this instance, the focus is on the public passenger transport market. The Commission [...]
Telecommunication, economic growth and regulatory intervention
INTRODUCTION On 24 May 2017, Dr. Siyabonga Cwele, the Minister of Telecommunications and Postal Services delivered his department's 32nd budget vote to Parliament. During his [...]
Merger thresholds in Swaziland and Tanzania – absence of a local Nexus?
It is standard practice for competition regulators, empowered by legislation to monitor and evaluate mergers, to set minimum financial or market share thresholds which must be [...]
From number plates to school uniforms: beware of exclusive contracts.
From a commercial perspective, it often makes sense for a company to determine its optimal route to market and to enter into exclusionary arrangements with its [...]
Yet another dawn raid – but do you know all the facts?
On 16 March 2017, the Competition Commission ("Commission") issued a press release welcoming the outcome of the proceedings in the High Courts of South Africa, KwaZulu‑Natal [...]
