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1	Public interest versus competition considerations : a review of merger review guidelines in terms of Section 12 A of the Competition Act, 1998 Magana, Kamogelo Sidwell 08 1900 (has links) One of the recognised ways through which a firm may increase its market share or reorganise its presence in a market is through a merger. A merger occurs when independent firms combine their businesses. Section 12A of the Competition Act, 1998, provides two grounds in terms of which mergers must be evaluated by competition authorities. These are competition and public interest considerations. The Act is reticent on which, between the two considerations, should take precedence in the event that the two conflict. The anterior purpose of this study is therefore to provide an in-depth analysis on which consideration must take precedence in the event of conflict. On analysis, the majority of case law suggests that the competition considerations must take precedence. This observation is also buttressed by a significant amount of literature, which holds that in merger analysis, the public interests only play a secondary role to the competition inquiry. / Mercantile Law / LL.M. (Mercantile Law) Merger evaluation Public interest considerations Competition considerations Competition law Anti-competitive merger Pro-competitive merger Competition Act Competition Amendment Act Competition authorities Competition Commission Competition Tribunal Competition Appeal Court 343.721068 Antitrust law -- South Africa South Africa. Competition Act, 1998
2	A critical review of the treatment of dominant firms in competition law : a comparative study Munyai, Phumudzo S. 10 1900 (has links) In South Africa compliance with competition law has become a major concern for firms that achieve and maintain certain levels of success and growth in the market, as their actions are often a source of complaints and litigation by rivals and competition authorities. With substantial financial penalties often levied against them for a variety of conduct deemed to constitute an abuse of their market position, dominant firms must constantly be aware of the likely impact of their business strategies and actions on both rivals and consumers. What were once thought to be normal and economically sound business practices and decisions, such as cutting prices to attract customers, have now acquired new meanings, with devastating consequences for dominant firms. So, are dominant firms under attack from competition law? In this study I aim to determine this. I track the historical development of competition law in three jurisdictions: South Africa, America, and the EU, with the aim of identifying traces, if any, of hostility towards dominant firms in the origins of competition law. I further investigate whether the formulation and enforcement of certain aspects of existing abuse of dominance provisions manifest as hostility towards dominant firms. While acknowledging the important role that competition law enforcement plays in promoting competition and enhancing consumer welfare, I conclude that significant unjustified economic and legal prejudice is suffered by dominant firms as a result of the way in which certain abuse of dominance provisions have been formulated and applied. I also offer appropriate recommendations. / Mercantile Law / LL. D. Abuse of dominance Exclusionary conduct Unilateral conduct Dominant firms Super-dominant Monopoly Anti-monopoly Competition law Antitrust law Hostility Consumer welfare Consumer harm Anticompetitive harm Anticompetitive effects Causation Counterfactual Competition Commission Competition Tribunal Competition Appeal Court 343.721 Competition Tribunal (South Africa) Antitrust law -- South Africa -- History Competition, Unfair -- South Africa Competition, Unfair -- United States

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Public interest versus competition considerations : a review of merger review guidelines in terms of Section 12 A of the Competition Act, 1998

A critical review of the treatment of dominant firms in competition law : a comparative study