INTERNATIONAL: SOUTH AFRICA - COMPETITION POLICY - MERGERS - ANTICOMPETITIVE PRACTICES - ECONOMY - REFORM - PUBLIC INTEREST

South Africa: Competition Amendment Act - A risk or a boon for South Africa’s economy?

The South African Competition Amendment Act introduces significant changes to redress excessive concentration of ownership and promote the participation of small and medium businesses, and firms controlled by historically disadvantaged persons. The objective of creating a more inclusive economy may, however, only be achieved if the amendments can be effectively enforced and encourage economic growth.

I. Introduction: Manifold and important changes to expect 1. The 2019 South African Competition Amendment Act [1] is the most significant change since the adoption of the Competition Act in 1998, [2] creating a new era of competition law enforcement in South Africa. While the competition enforcers, whose powers have been strengthened, are looking forward to the coming changes, practitioners, who represent businesses, are sceptical about this major turnaround. They consider that, so far, the achievements reached since the adoption of the Competition Act have been successful, and that businesses have become used to complying with competition law when taking business decisions. However, under the new era of South African competition law, the coming changes “signal a different kind of

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Julie Tirtiaux, South Africa: Competition Amendment Act - A risk or a boon for South Africa’s economy?, May 2019, Concurrences Review N° 2-2019, Art. N° 90198, pp. 214-222

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