Legal updates and opinions

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

"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, [...]

INTRODUCTION       In a modern day society, thanks to technological advancements, information is readily accessible to anyone at any time. No business can compete in [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

Most favoured nation ("MFN") clauses, also known as price parity clauses or most favoured customer clauses, which appear in vertical agreements between suppliers and distributors, generally [...]

INTRODUCTION   No one can deny that since Apple launched its first iPod in October 2001, the company has seen enormous growth in product sales, revenue [...]

During December 2015, Spencer Meyer instituted a class action lawsuit against Uber Technologies, Inc’s CEO, Travis Kalanick, in the United States. The law suit is based [...]

The protection of confidential information has always been a feather in the cap of the Competition Commission (“Commission”). The Competition Act No. 89 of 1998 (“Competition Act”) distinctly provides [...]

In the intricate process of acquiring another business or forming a joint venture, firms often forget to check whether the transaction requires the approval of the competition [...]

On 22 April 2016, a Presidential Proclamation (“Proclamation”) appeared in the Government Gazette  which confirmed that the provisions contained in section 12 of the Competition Amendment [...]

Competition authorities particularly in the United Kingdom, the United States and Australia have enacted and entrenched criminal penalties for cartel behaviour. South Africa seems to desire to [...]

In the sphere of competition law, anti-competitive practices can have a detrimental effect on an economy and the performances of markets. It is accepted that practices [...]

On 2 February 2016, the World Bank released its annual economic update report, titled “South Africa Economic Update, Promoting Faster Growth and Poverty Alleviation Through Competition, [...]