Intelligence

The Competition Appeal Court recently examined the extent to which South Africa's Competition Commission must investigate complaints before declining to pursue them, and whether complainants can challenge such decisions. In Nevilles Tours and Logistics v The Competition Commission, the court addressed a bus operator's allegations of predatory and excessive pricing by dominant competitors, finding the Commission's initial investigation inadequate and setting new standards for meaningful inquiry.

The African Continental Free Trade Area (AfCFTA) seeks to establish a continent-wide competition framework through its Competition Protocol, adopted in February 2023.

The Competition Commission has released draft amendments to the Small Merger Guidelines, proposing significantly higher thresholds for small merger notifications. These changes aim to capture potentially anti-competitive acquisitions in digital and technology markets where target firms are acquired before generating substantial turnover or assets, but possess significant future growth potential.

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.

The Competition Commission of South Africa has published Draft Guidelines on Repair, Service, and Maintenance Aftermarkets that extend beyond automotive to cover electronics, appliances, medical equipment and other durable goods. The framework addresses how original equipment manufacturers may restrict competition by limiting independent service providers' access to spare parts, repair information, diagnostic tools and technical support. Market participants have until September 2026 to submit comments on th

The Constitutional Court's decision in BNP Paribas v Competition Commission addresses how South African competition law applies to offshore conduct that affects local markets, examining jurisdictional tests for foreign entities and the evidentiary requirements for proving collusive behavior through informal communications.