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ARTICLE · 06 DECEMBER 2019

Competition Law In Africa – Update 2019

Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
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Cliffe Dekker Hofmeyr

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2019 has seen some interesting developments in African competition law. This alert focuses on the most recent news in Botswana, Namibia and Zambia.

South AfricaAntitrust/Competition Law
Albert Aukema
Albert Aukema
Nazeera Mia
Nazeera Mia
Zahrah Ebrahim
Zahrah Ebrahim
Kitso Tlhabanelo
Kitso Tlhabanelo

2019 has seen some interesting developments in African competition law. This alert focuses on the most recent news in Botswana, Namibia and Zambia.

Amendments to the Botswana Competition Law, effective 2 December 2019

The new Botswana Competition Act 17 of 2018 (Competition Act), which was passed in March 2018 is now officially in force, as of 2 December 2019.

The Competition Act for the first time specifically identifies types of abusive conduct (namely, predatory conduct, tying and bundling, loyalty rebates, margin squeeze, refusal to supply or deal with other enterprises including refusal of access to an essential facility, requiring or inducing any customer to not deal with other competitors, discriminating in price or other trading conditions; and exclusive dealing) bringing a level of certainty on the types of contravention the Botswana Competition and Consumer Authority as it is now referred to will seek to prosecute.

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