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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 [...]
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 [...]
