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 Amendment Act of 2018 enhanced the involvement of the Minister in merger control. The latter may now, in order to  make representations on any public interest ground referred to insection 12A(3),  participate as a party in any merger proceedings before the Competition Commission, Competition Tribunal or the Competition Appeal Court, and appeal merger decisions. …

The Minister of Trade and Industry

The Competition Commission is competent with regard to intermediate or small mergers, the Competition Tribunal in case of large mergers.

The Competition Commission and the Competition Tribunal

Under the provisions of new Section 18A of the Act, introduced by the Competition Amendment Act No 18 of 2018, the President of the Republic must constitute a committee which will be in charge of merger control where the buyer is a foreign undertaking and the transaction may have an adverse effect on the national security interests of the Republic.

The committee will consist of cabinet members and other public officials appointed by the President, who must also establish a list of national security interests of the Republic, including the markets, industries, goods or services, sectors or regions in which a merger involving a foreign acquiring undertaking must be notified to the committee. In determining what constitutes national security interests, the President must take into account all relevant factors, including the potential impact of a merger transaction on the Republic’s defense capabilities and interests; on the use or transfer of sensitive technology or know-how outside of the Republic; on the security of infrastructure, including processes, systems, facilities, technologies, networks, assets and services essential to the health, safety, security or economic well-being of citizens and the effective functioning of government; on the supply of critical goods or services to citizens, or the supply of goods or services to government; on the enabling of foreign surveillance or espionage, or hindering of current or future intelligence or law enforcement operations; on the Republic’s international interests, including foreign relationships; on the enabling or facilitating of the activities of illicit actors, such as terrorists, terrorist organizations or organized crime; and on the economic and social stability of the Republic.

Committee for foreign mergers

The Competition Amendment Act of 2018 enhanced the involvement of the Minister in merger control. The latter may now, in order to  make representations on any public interest ground referred to insection 12A(3),  participate as a party in any merger proceedings before the Competition Commission, Competition Tribunal or the Competition Appeal Court, and appeal merger decisions.

Global Competition Law

1267. The Minister of Trade and Industry

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Les notions juridiques connexes

1267. The Minister of Trade and Industry

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