Competition commission probing pricey school uniforms. The competition tribunal is an administrative tribunal established in terms of the competition act, no 89, of 1998. Mar 07, 2017 hardin ratshisusu deputy commissioner, competition commission. Nov 26, 2018 data on political competition is taken from the results of national elections in south africa provided by the electoral commission of south africa. The concept of an essential facility is problematic in south african competition law and this dissertation probes into the characteristics of such a facility and the requirements of proving a contravention of section 8b. Market structure and competition in the south african banking. This is usually done to coordinate competition policy with other macroeconomic policies and goals and to address countryspecific problems. Words in bold type in square brackets indicate omissions from existing enactments. Indeed, the big story about the south african competition act and the institutions that.
South africas competition body approves sale of glencore. In the matter between the competition commission v yara south africa pty ltd, omnia fertilizer ltd and sasol chemical industries ltd the omnia decision, the sca considered whether it was competent for the commission to rely on an abuse of dominance complaint lodged against sasol chemical industries ltd sasol, when it subsequently referred allegations of cartel conduct. For a birds eye view of the status of south african competition law enforcement in the last year, one need look no further than the competition commissions commission annual report report. A competition regulator is a government agency, typically a statutory authority, sometimes called an economic regulator, that regulates and enforces competition laws and may sometimes also enforce consumer protection laws. Contribution by the competition commission south africa. The competition commission and south african airways pty ltd decision this is an application brought by the respondent, south african airways pty. Senior business development manager, finance manager, sales project manager and more on. The act has fundamentally reformed south africas competition regulation regime and has created new competition authorities with significant powers. It was a competition regulator under the department for business, innovation and skills bis.
The competition act south africa has recently introduced two acts which came into effect on the 1st april 2011, the consumer act and the competition act. Feb 17, 2017 the south african reserve bank sarb has noted the announcement by the competition commission south africa competition commission that it has completed its investigation initiated in april 2015 and has referred to the competition tribunal for prosecution a case of price fixing and market allocation in the trading of foreign currency pairs involving the south african rand zar. Competition tribunal republic of south africa case no. Administrative penalties the amendment act creates harsher punishment for firms that. South africas competition commission on thursday approved the sale of glencores optimum coal mine to local firm tegeta, but said the deal should proceed without job losses. South africa has a very concentrated banking industry with a c4 concentration ratio of over 80%. Words underlined with a solid line indicate insertions in. See who you know at the competition commission south africa, leverage your professional network, and. The commission is set to call for submissions after 20 business days. Indonesia introduced its competition law because it was compelled to do so by the imf. Competition law of south africa was originally launched in 2000 as a collection of relevant legislation and related material.
Competition amendment act 18 of 2018 english afrikaans. Abuse of dominant position in south african competition law. In this article, the writer reflects on the competition act, no. The recently published 20152016 report reveals telling statistics relating to the performance of the commissions core functions. Competition commission of south africa v senwes limited 110cr. In south africa, excessive pricing is regarded as one of the most harmful contraventions of the competition act as it has an explicit damaging impact on consumers. Wamukelekile enkundleni yezokuncintisana yaseningizimu afrika. South africas competition body approves sale of glencores.
In contrast to bork, the aims of competition policy in south africa current and proposed include more than consumer interests. Ten years of enforcement by sa competition authorities the. Despite this, some countries, like south africa, have included ancillary objectives18 in their legislation. Competition commission v south african breweries limited and others 129cacapr14 2015 zacac 1. The structure conduct performance hypothesis would suggest that competition in the sector would therefore be very low. Centre on regulation and competition working paper series. Both of these acts have quite a lot in common and both are here for the benefit of the consumer andor client.
Competition act 89 of 1998 south african government. Data market inquiry provisional findings and recommendations. Economic development minister ebrahim patel in his budget speech. Whether excessive pricing has been clarified and settled. Data on political competition is taken from the results of national elections in south africa provided by the electoral commission of south africa. A comparative study of the us and eu is undertaken and it is eventually concluded that the south african competition. It lays out the parameters of the relationship between the state and economic citizens and between economic citizens themselves, in a manner somewhat akin.
However the consumers act has not been tested in court. South africa s competition commission on thursday approved the sale of glencores optimum coal mine to local firm tegeta, but said the deal should proceed without job losses. South africas new competition policy and law were drafted during the early years of south africas new democracy, a period characterized by. The commission is empowered by the competition act to investigate, control and evaluate restrictive business practices, abuse of dominant positions and mergers in order to achieve equity and efficiency in the south african economy. Market structure and competition in the south african. Republic of south africa competition commission competition act, 89 of 1998 meeting with massmart open session date. Competition law and policy in south africa competition law. The dti campus, mulayo building, block c, 77 meintjies street, sunnyside, pretoria. To provide for the establishment of a competition commission responsible for the investigation, control and evaluation of restrictive practices, abuse of dominant position, and.
Competition law and policy in south africa south africa aspires to a modern competition policy regime to support the fundamental restructuration of government institutions. There may be a misconception that the group refused to settle with the commission. Current system in south africa the monopolistic conditions act of 1955 was aimed at controlling, preventing or. This paper examines the relationship between bank structure, performance and competition in the south african banking industry.
Since the inception of the competition commission and competition tribunal in 1999, administrative penalties totalling r5. The implications for suppliers of the spread of supermarkets in southern africa. Hardin ratshisusu deputy commissioner, competition commission. The official newsletter of the competition commission of.
Sep 08, 2015 since the inception of the competition commission and competition tribunal in 1999, administrative penalties totalling r5. The competition commission south africa home facebook. The impact of political competition on economic growth. Competition commission the south african government. Tis gaette is also available free online at a 2 no. Amended by competition amendment act 1 of 2009 from date to be proclaimed. Competition commission south africa abstract the competition act and certain recent decisions by the competition authorities are examined here to assess the extent to which south africas conductbased approach to competition law has led to consistent outcomes in the assessment of effects on competition. In addition to such agencies, there is often another body responsible for formulating competition policy many nations implement competition laws, and there is general. The competition commission was a nondepartmental public body responsible for investigating mergers, markets and other enquiries related to regulated industries under competition law in the united kingdom. Cape town south africas competition act will undergo radical changes so that competition authorities can act against companies who perpetuate skewed ownership structures and overconsentration in certain markets in the economy. Suggested by adrev masters admin sweet victory as featured in spongebob squarepants. John deranamie is a 50yearold liberian man whose dream led him to a meatpacking plant in south dakota.
The role of the south african competition commission in assessing regulations and advocating for competition during the process of restructuring state owned enterprises is discussed in section 5. South africas competition regulators have been rigorously enforcing the competition act which came into force in 1999. Sa reserve bank notes competition commission decision. Competition commission s draft guidelines on information exchange between competitors draft guidelines for the determination of administrative penalties for failure to notify a merger and implementation of merger. A law establishing the rwanda inspectorate and competition authority was enacted in july 2017 and the botswana competition bill no. Act to provide for the establishment of a competition commission responsible for the. The competition commission and south african airways pty ltd decision this is an application brought by the respondent, south african airways pty ltd, to postpone the hearing of a prohibited practice case that the competition. Click here to download the programme for the data services. Competition in the digital economy, competition commission of. News south africa gauteng the competition commission has warned schools forcing parents to buy pricey uniforms from certain outfitters that this is an anticompetitive conduct. On friday the south african competition commission said a data market inquiry ha been officially set in motion with the publishing of terms of reference in the government gazette.
This message was made clear by both the minister of economic development, ebrahim patel, and the commissioner of the competition commission of south africa, tembinkosi bonakele, at the 10th annual. Wto members enjoy great latitude to determine the reasons for. Competition policy is considerably broader ranging than competition law it is, if you like, to the economy, what the constitution is to the polity. The south african reserve bank sarb has noted the announcement by the competition commission south africa competition commission that it has completed its investigation initiated in april 2015 and has referred to the competition tribunal for prosecution a case of price fixing and market allocation in the trading of foreign currency pairs involving the south african rand zar. Competition commission of south africa v senwes limited 110crdec06 2009 zact 8 3 february 2009. The general thrust in south africa is to shy away from thatcher, former east block and latin american approaches to dealing with regulation and competition. The competition commission is a statutory body constituted in terms of the competition act, no 89 of 1998 by the government of south africa. It was tasked with ensuring healthy competition between companies in the uk for the ultimate. Sasol chemical industries limited v competition commission 1. Registration form for written submission dsi 1 form data market inquiry submissions. From south africa, mziwodumo rubushe gives us highlights of some of the discussions that took place at a breakout session on. The competition act sets up three institutions, to be directly involved in its application. Field marketer, senior business development manager, finance manager and more on.
Undpusing competition law to promote access to health. The competition commission is a statutory body constituted in terms of the competition act, no 89 of 1998 by the government of south africa empowered to inve. Our competition practice is at the forefront of developments in competition law in south africa. Guidelines for competition in the south african automotive aftermarket industry request for comments.
During the course of 2017, various authorities introduced new or amended competition laws, regulations, guidelines and or policies. The competition commission is a statutory body constituted in terms of the competition act, no 89 of 1998 by the government of south africa empowered to investigate, control and evaluate restrictive business practices, abuse of dominant positions and mergers in order to achieve equity and efficiency in the south african economy. Digital markets have dominated global competition law conferences and. Ten years of enforcement by the south african competition authorities. Learn about working at the competition commission south africa. Competition commission to tackle anticompetitive behaviour. Each country has got there via its own particular set of imperatives hence the eu was driven to strengthen its competition regime because of its role in forging the common market. Journal articles ccred a leading university research. It is within the scope of abuse of dominance which directly contradicts the preamble of the act which aims to promote the efficiency, adaptability and development of the economy. Statistics from the competition commissions 20152016 annual report for a birds eye view of the status of south african competition law enforcement in the last year, one need look no further than the competition commissions commission annual report report. Commission update introduction background in late june 20, the probability of an administrative penalty on four contracts materialised.
By continuing to use our website, we assume you are okay with it. Informal complaint initiation complaints initiated on a. Data preliminary report the competition commission. We provide all south africans equal opportunity to participate fairly in the national economy.