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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

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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