ENSafrica Webinar | When Data Law And Competition Law Intersect

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.

On 26 June 2026, the Competition Commission published draft Terms of Reference for a proposed market inquiry into South Africa’s franchising sector.

South Africa's Competition Commission is launching a market inquiry into the franchising sector, examining whether structural barriers prevent historically disadvantaged persons from accessing an industry that contributes...

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.

South African Competition Law Updates...

South Africa's revised merger notification thresholds, effective May 2026, significantly raise the bar for mandatory filings, potentially saving parties substantial costs. However, transactions falling below these thresholds remain subject to Competition Commission scrutiny, particularly in digital markets and where public interest concerns arise, creating residual regulatory risks that require careful analysis and contractual allocation.

South Africa's Competition Commission has launched a comprehensive inquiry into the franchise market, examining whether structural features are restricting competition and limiting participation by small and medium enterprises and historically disadvantaged persons. The inquiry will scrutinize franchise financing mechanisms, contractual terms between franchisors and franchisees, and information asymmetries that may disadvantage prospective franchise owners across key sectors including fast food, constructio