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Mirror, mirror on the wall, who’s the fairest of them all? Most favoured nation clauses from a Competition Law perspective.
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 [...]
Judging a book by its cover price – apple and the great e-book swindle
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 [...]
The Uber price-fixing ride: what are the anti-trust co-ordinates?
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 [...]
What happens to confidential information exchanged between the Competition Commission and sector regulators as the number of co-operation
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 [...]
Tread carefully when merging: tribunal imposes massive fine for failure to notify
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 [...]
A new era dawns – criminalisation of cartel conduct
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 [...]
Criminalisation of cartels: a potential cure with side effects
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 [...]
How to compensate the victims of collusion
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 [...]
The potential for competition law enforcement to revive and promote faster economic growth in South Africa
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, [...]
