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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Abuse of dominant position in South African competition law

Nkuna, Ignatius Lebogang January 2013 (has links)
The Competition Act 89 of 1998 prohibits abuse of its dominance by a firm that is dominant within a specific market. The abuse of dominance prohibitions are set out in section 8 of the Act. This dissertation focuses on section 8(b) which prohibits a dominant firm from refusing to give access to an essential facility that belongs to the dominant firm or to which the dominant firm has access, in circumstances where it is economically feasible for the dominant firm to provide such access. The concept of an “essential facility” is problematic in South African competition law and this dissertation probes into the characteristics of such a facility and the requirements of proving a contravention of section 8(b). A comparative study of the US and EU is undertaken and it is eventually concluded that the South African Competition Authorities should lean more towards the US approach to the essential facilities prohibition. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Mercantile Law / unrestricted

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