On 1 December 2017, the Minister of Economic Development published the Competition Amendment Bill, 2017 (Bill) for public comment. The Bill seeks to create and enhance the substantive provisions of the Competition Act No. 89 of 1998 (as amended) (Act) and focuses on two key structural challenges in the South African economy: (i) concentration; and (ii) the racially-skewed spread of ownership of firms in the economy. This briefing sets out the proposed amendments which will have the most impact on firms doing business in South Africa. In summary, dominant firms may be at greater risk of being found guilty of excessive pricing, exclusionary conduct and price discrimination, as the Bill would shift the onus to the dominant firm to prove that any anti-competitive effects of its conduct
The South African Ministry of Economic Development publishes its competition amendement Bill to create, enhance substantive provisions and focuses on two key structural challenges in the country
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