This dissertation will discuss the current process and procedure of enforcement of
competition law in South Africa. A distinction will be drawn between public enforcement and
private enforcement. This distinction will show which is the more predominant enforcement
method. For this purpose, a detailed discussion of the provisions in the Competition Act 89
of 1998 will follow.
The focus of the dissertation will thereafter shift to whether private enforcement is
reasonably possible and pursuable by members of the public in terms of South African
legislation. The rational for focusing on private enforcement will become clear through a
discussion of Nationwide Airlines (Pty) Ltd (in liquidation) v South African Airways (Pty) Ltd
2016 (6) SA 19 (GJ). By 2016, this case was only the second claim of its kind and the first
time a claim for damages based on a finding by the Tribunal had been litigated. The
discussion will articulate the process of how the matter reached the High Court and the
difficulties encountered in claiming damages.
Thereafter, a brief discussion on comparative law will be included. The chosen foreign law
is that of the European Union (“EU”). EU law was chosen as its competition law is well
established and has been in practice for longer than the South African equivalent. Emphasis
will be placed on the EU’s use of private enforcement and any lessons to be learnt in relation
thereto.
Finally, a conclusion will be reached on whether private enforcement is reasonably possible
and pursuable by a member of the public and whether there are any recommendations on
how private enforcement could be strengthened in South African law. / Mini Dissertation (LLM)--University of Pretoria, 2017. / Mercantile Law / LLM / Unrestricted
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:up/oai:repository.up.ac.za:2263/67765 |
| Date | January 2017 |
| Creators | Lewis, Kristin Elizabeth |
| Contributors | Van Heerden, C.M. (Corlia), kristinlewissa@me.com |
| Publisher | University of Pretoria |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Mini Dissertation |
| Rights | © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
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