Merger control laws and regulations south africa covers common issues in merger control laws and regulations including relevant authorities and legislation, notification and its impact on the transaction timetable, remedies, appeals and enforcement and substantive assessment in 55 jurisdictions. Unsubscribe from the competition commission south africa. Countries with fewer natural resources do not necessarily share in the economic progress. The competition commission is responsible for investigating and evaluating mergers and prohibited practices. Competition commissions final report confirms south. A number of african countries have introduced or proposed new or updated legislation, and some jurisdictions have. Hci is a black empowerment investmentholding company listed on. Section 19 of the competition act, concerning the establishment. Expand opportunities for south african participation in world markets, while recognising the role of foreign competition within south africa. The competition commission, in its findings on a fouryear investigation into south africa s private healthcare sector titled the healthcare market inquiry released today, found that new interventions are needed because the current system is not competitive, medical aids are making huge profits and consumers are not getting fair value for their money.
Sas private healthcare not competitive, competition. If this is successful, south africa will have its first blackowned pharmaceutical company. Competition law of south africa was originally launched in 2000 as a collection of relevant legislation and related material. Notification fees the competition commission south africa. Africa s access to the global economy led to increased trade with china, which reached usd 15 billion in the first ten months of 2003 a more than 54% gain over the same period in 2002. However, it is important to note that the commission in south africa is known to be conservative in its approach and such ringfencing is not readily applied in south africa. The competition commission has released the health market inquiry final findings and recommendations report.
Sasol nitro, a division of sasol chemical industries. The act prescribes certain procedural and evidentiary matters. In south africa competition law is regulated by the act. According to a recent world bank report 1, in 15 years the number of jurisdictions in africa with competition law has almost trebled. The competition commission has published the findings of its national health market inquiry, uncovering several major problems with south africa s private medical aid. The approach to administrative penalties under the competition act alan wright, candidate attorney, bowman gilfillan to date, there has been an inconsistent approach towards penalties for cartel conduct in south africa. Competition amendment act 18 of 2018 english afrikaans. South africa has a vibrant mobile market that has seen rapid uptake and unexpected innovations which have far surpassed market expectations, when the. Amended by competition amendment act 18 of 2018 from date to be proclaimed amended by financial markets act 19 of 2012 from 3 jun 20. When you have eliminated the javascript, whatever remains must be an empty page. Organisation for economic cooperation and development. Health market inquiry final report released competition.
Section 44 of the act2 recognises the right of informants to claim confidentiality. These clients including mining, manufacturing, telecommunications and financial services companies, and foreign multinationals. South african competition law home brand south africa. The psc must exercise or perform the additional powers or functions prescribed by an act of parliament. The dti campus, mulayo building, block c, 77 meintjies street, sunnyside, pretoria.
Media releases the competition commission south africa. The fair competition commission fcc is a public institution established by virtue of section 621 of the fair competition act, no. Competition commission south africa v sasol chemical industries ltd and others 31crmay05 2009 zact 33 20 may 2009 competition commission south africa v yara south africa pty ltd and another 93cacmar10 2011 zact 97 11 november 2011. During 20 and 2014, 5% and 7% of mergers decided upon by the ccc in south africa, were for. Commission gears up for tighter, affordable competitive uniform regime this year.
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. The inquiry has been conducted in terms of chapter 4a of the competition act of 1998. The competition act, 89 of 1998 regulates competition in south africa. In addition to such agencies, there is often another body responsible for formulating competition policy many nations implement competition laws, and there is general. In the 2019 state of the nation address, the president highlighted high levels of economic concentration as a factor that stifles the growth of the south african economy. The parties 3 the applicant is the competition commission of south africa commission established in terms of section 19 of the act. The competition commission prosecutes prasa for abuse of dominance.
S 18 amended by competition amendment act 1 of 2009 from date to be proclaimed. 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. Commission recommends the conditional approval of pepsicos acquisition of pioneer foods. Competition appeal court and decided in favour of hci and tsogo. Competition commission inspectors cannot exceed the provisions of the warrant issued. The competition commission the commission, on the 20th september 2018, published an. Now under the authorship of sutherland and kemp, competition law of south africa also includes complete commentary and is an invaluable asset to practitioners. South africa s new competition policy and law were drafted during the early years of south africa s new democracy, a period characterized by. Competition amendment act 18 of 2018 englishafrikaans. Commission making headway on engagement with network operators on data prices. Competition commission south africa v sasol chemical industries ltd. Competition act 89 of 1998 south african government.
Competition act were signed into law on february 2019. Competition commission data service market inquiry, 2018. Soil organic matter som fractions for 186 lucas 2009 soil samples grassland, forest. Annual reports the competition commission south africa. Administrative penalties the amendment act creates harsher punishment for firms that. Cartels in south africa werksmans attorneys global, south. Proof of payment should accompany the merger notification. Stateowned pharmaceutical manufacturer ketlaphela has yet to begin production of apis. Tis gaette is also available free online at a 4 no. Sasol nitro, a division of sasol chemical industries limited, settles with competition commission regarding allegations of abuse of dominance in its fertiliser businessessasol nitro, a division of sasol chemical industries limited, has concluded a settlement agreement with the competition commission of south africa, relating to its fertiliser business. Also profiled are three companies that have been investigated by the competition commission in relation to the supply of various cancer medicines, pfizer, aspen and.
Trends in competition law enforcement across africa. The applicant is the competition commission of south africa, established in terms of section 19 of the competition act. The competition act,2 which governs the rules and regulations of competition law in south africa, allows for parties to seek reparation for damage in the civil courts only after the competition authorities that being the competition commission, competition tribunal and if there is. Competition commission the south african government. The competition commission prosecutes prasa for abuse of dominance update. Massive problems with south africas private hospitals and. Mergers and dont be fooled into thinking that this is limited to conventional share sales or sale of business transactions, the definition of a merger in the act covers any change in control of all or a significant part of a business which hit specified turnover and. Merger notification filing fee as at 04 december 2018.
Commission making headway on engagement with network operators on data prices commission gears up for tighter, affordable competitive uniform regime this year. The commission or a third party may approach the tribunal to determine whether access. The standard bank of south africa limited applicant and the competition commission of south africa respondent heard. The competition commission on monday published its muchanticipated final report on its data services market inquiry, confirming revelations that south africa s cost of data services.
The changes will come into effect on a date to be fixed by the president by proclamation in the government gazette. Kasturi moodaliyar1 introduction private enforcement in antitrust cases is a rarity in south africa. The president of the republic of south africa has under section 842f of the constitution of the republic of south africa, 1996 and in terms of government notice 17 of 2018 published in government gazette no 41652 of 24 may 2018, appointed a commission of inquiry into tax administration and governance by the south african revenue service. The inquiry commenced in january 2014 and underwent a number of extensions. The commission, which is south africa s official antitrust agency, has referred the matter to a tribunal for formal prosecution.