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ARTICLE · 24 JUNE 2020

South African Competition Law In The New World

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Earlier this month, the South African Competition Tribunal found a firm guilty of abusing its dominance. The firm was a small trader with a market share of 4.7%.

CanadaAntitrust/Competition Law
Neil MacKenzie
Neil MacKenzie
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Earlier this month, the South African Competition Tribunal found a firm guilty of abusing its dominance.  The firm was a small trader with a market share of 4.7%.  The illegal conduct comprised excessive pricing of face masks for a period of just over one month.  The investigation, prosecution and adjudication took less than three months.  The fine was R76 040 (around CAD $ 6000).

This case illustrates that we live in strange times.  COVID-19 has caused commercial enterprise to be reinvented overnight.  Competition regulation has been running to catch up, applying novel analysis to the novel environment.

But lifting our eyes from the present whirlwind, what does South African competition enforcement look like post-COVID for authorities, practitioners and firms?  This article speculates on what we might expect in the medium term from each major tenet of antitrust - mergers, restrictive agreements, abuse of dominance and market inquiries.

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