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ARTICLE · 03 DECEMBER 2012

"State Aid" Case Against SAA

Webber Wentzel
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In August 2012 the Democratic Alliance (DA) lodged a complaint with the Competition Commission.

South AfricaAntitrust/Competition Law
Webber Wentzel'S Competition Practice Group
Webber Wentzel'S Competition Practice Group

In August 2012 the Democratic Alliance (DA) lodged a complaint with the Competition Commission, alleging that the ZAR 5 billion guarantee provided by the National Treasury for debts incurred by South African Airways (SAA), amounts to anticompetitive conduct.

On 12 November 2012 the Commission announced its refusal to investigate the DA's complaint on the basis that in South Africa, the Competition Act, unlike its European Union equivalents, does not contain any provision governing the granting of state aid to any participant in a competitive market.

The Commission mentioned, however, that it intends to conduct "advocacy research" into the aviation industry to help decision-makers understand how policy changes impact on competition in the market.

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