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ARTICLE · 10 JUNE 2015

The Commission's View On Public Interest

ENS
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In the guidelines, the Commission outlined a broad 5-step analysis which it will undertake in respect of all proposed transactions with a public interest dimension.

South AfricaAntitrust/Competition Law
Justin Balkin
Justin Balkin
Kirsty Van Den Bergh
Kirsty Van Den Bergh
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Public interest considerations in merger proceedings have become a focus area in recent years. In addition to assessing the competitive impact of a proposed transaction, the competition authorities are also mandated to consider its impact on (i) a particular industrial sector or region, (ii) employment, (iii) the ability of small businesses or those controlled or owned by historically disadvantaged persons to become competitive, and (iv) the ability of national industries to compete in international markets.

Whilst certain other international jurisdictions touch on similar public interest goals in their competition / antitrust legislation, South Africa is one of the few merger regimes where public interest considerations play such an important role.

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