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The South African antitrust authorities kept their promise to combat cartel activity in 2007. A number of cases involving price fixing and market division in key sectors of the South African economy were referred by the Competition Commission to the Competition Tribunal for adjudication.

The Competition Act (‘Act') is first and foremost national in its focus. This is clear from its objects set out in the Act's Preamble and Purpose.

International markets have become increasingly closely integrated as a result of globalisation. Stemming from this phenomenon is the emergence of a wave of cross-border mergers and acquisitions and subsequently, the need for an adequate regulatory body.

Dominant firms are prohibited by the Competition Act 1998 from charging excessive prices to the detriment of consumers. Why only dominant firms? The presumption is that a small firm will lose its customers to its competitors if it charges excessive prices.

The current feud between Massmart and Shoprite regarding Shoprite's exclusive rights in terms of the lease in CapeGate shopping centre is rekindling competition concerns in the property and retail industry over what is considered common practice.

The advent of the South African constitutional era brought with it a vigorous inquiry into the relationship between the exercise of power and the procedural framework by which such power is constrained.

The Competition Commission's Draft Guidelines on Repair, Service and Maintenance Aftermarkets propose to regulate how original equipment manufacturers control access to repair parts and services. Drawing from decades-old US precedent, these guidelines raise fundamental questions about whether competition law should intervene in aftermarkets where firms may lack traditional market power. The proposed framework risks expanding competition law beyond its conventional boundaries while potentially imposing oblig

The Competition Tribunal issued its long-awaited decision in The Competition Commission and South African Breweries and Others.

Two European Commission rulings demonstrate that dominant firms face competition law risks not only from pricing and supply practices, but also from misleading statements about competitors' products. These cases raise important questions about whether similar conduct could constitute exclusionary abuse under South African competition law, particularly section 8(1)(c) of the Competition Act.

Many directors and managers of companies still associate prohibited anti-competitive conduct with dishonest intentions and smoke-filled rooms.

South Africa’s Constitutional Court has handed down its judgments in both the Yara/Omnia case and the Loungefoam case.

Judge Dennis Davis, President of the Competition Appeal Court (the "CAC"), today handed down judgment detailing the final condition applicable to the Massmart Holdings Limited ("Massmart") and Walmart Stores Inc. ("Walmart") merger (namely the condition relating to the establishment of a supplier development programme).

Being dominant is not a problem. It is the abuse of a dominant position that is forbidden by the Competition Act. This note deals with the possibility of firms inadvertently finding themselves in a dominant position and reminds us of the obligations of a dominant firm.

South African competition law was transformed in 1999, with the coming into effect of the current Competition Act, 1998 ("the Act"). This statute introduced into competition law a somewhat unusual element, namely public interest.

Competition authorities across Africa are tightening merger control regimes, introducing new consumer protection frameworks, and launching market inquiries into franchise operations and aftermarket repair practices. From Botswana's tenfold increase in merger filing fees to South Sudan's inaugural competition authority, regulatory enforcement is intensifying across the continent with implications for cross-border transactions and market conduct.

Competition authorities across Africa are intensifying enforcement through new merger thresholds, cartel investigations, and market studies targeting sectors from poultry to tourism. Recent developments include Egypt's expanded Competition Act penalties, Mauritius launching a cartel amnesty programme, and courts clarifying regulatory jurisdiction over financial institutions in Nigeria.

According to the UN Conference on Trade and Development (UNCTAD), over the past five years the region has been the recipient of most of the foreign direct investment (FDI) into Africa.