Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The Competition Act is applicable throughout the South African territory and to activities of foreign undertakings that have an anticompetitive effect on the South African market.
Competition law is broad in its scope, since it applies to “all economic activity within, or having an effect within, the Republic” (Section 3 of Competition Act). The Competition Act provides for a few exceptions to the …

Scope

Competition in South Africa is regulated by Act No 89 of 1998 ("the Competition Act"). The Competition Act created three independent bodies, which replaced the Competition Board which was not independent of the Minister of Trade and Industry: the Competition Commission, the Competition Tribunal and the Competition Appeal Court.

The Competition Act has been amended on several occasions, notably in 1999 and 2000 (Competition Amendment Act No 35 of 1999, Competition Amendment Act No 15 of 2000, Competition Second Amendment Act No 39 of 2000). The Competition Amendment Act No 1 of 2009 constituted a major reform; it imposed criminal sanctions on directors taking part in cartels and introduced provisions with regard to complex monopolies and leniency. The reform was only partly brought into force on 1 May 2016 by presidential proclamation. Another major reform was brought by the Competition Amendment Act No 18 of 2018 which introduced provisions aimed at clarifying and improving the determination of  prohibited practices relating to restrictive horizontal and vertical  practices, abuse of dominance and price discrimination, at strengthening the penalty regime, at bringing greater flexibility in the grant of  exemptions which promote transformation and growth, and at protecting and  stimulating the growth of small and medium businesses and undertakings owned and  controlled by historically disadvantaged persons. Part of the 2018 amendments came into force on 12 July 2019, while the remaining provisions have only applied since 13 February 2020.

Context

The Competition Act is applicable throughout the South African territory and to activities of foreign undertakings that have an anticompetitive effect on the South African market.

Competition law is broad in its scope, since it applies to “all economic activity within, or having an effect within, the Republic” (Section 3 of Competition Act). The Competition Act provides for a few exceptions to the application of competition law (collective bargaining within the meaning of Section 23 of the Constitution and the Labour Relations Act, 1995, collective agreement, as defined in Section 213 of the Labour Relations Act, 1995; and concerted conduct designed to achieve a non-commercial socio-economic objective or similar purpose).

Global Competition Law

1244. Scope

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

1244. Scope

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise