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Competition Policy and Regional Integration in Developing Countries

Competition Policy and Regional Integration in Developing Countries

Edited by Josef Drexl, Mor Bakhoum, Eleanor M. Fox, Michal S. Gal and David J. Gerber

The book provides insights on the regional integration experiences in developing countries, their potential for development and the role of competition law and policy in the process. Moreover, the book emphasizes the development dimension both of regional competition policies and of competition law. Although it holds many promises for developing countries, some challenges must be overcome for the process of creating a regional market and applying a competition law, to be successful. This timely book delivers concrete proposals that will help to unleash the potential of regional integration and regional competition policies, and help developing countries fully enjoy the benefits deriving from a regional market.

Chapter 4: Competition Policy in SADC: A South African Perspective

Kasturi Moodaliyar

Subjects: development studies, law and development, law - academic, competition and antitrust law, law and development


JOBNAME: Drexl PAGE: 1 SESS: 4 OUTPUT: Tue Jul 10 16:13:59 2012 4. Competition policy in the SADC: a South African perspective Kasturi Moodaliyar 1. INTRODUCTION The South African Competition Act1 has been in effect since September 1999. Over the past ten years, competition law and policy have grown in stature and the competition authorities have become a respected force to be reckoned with. The South African story of competition implementation took a dynamic turn with the change of government in the 1990s. It was recognized that, due to our previous apartheid laws, industries were favoured based on racial bias. These laws allowed for a high concentration of white-owned firms in formal domestic markets and a separate and rather informal trade restricted to the black population.2 This separate and unequal duality thus hindered the ability of all citizens to compete fairly in the domestic and international economic markets. In order to redress the injustices of the past, the 1998 Act was promulgated to promote a wider spread of ownership, with special attention given to those who had previously been disadvantaged, as well as on the promotion of economic efficiency in South Africa.3 The purpose of the Act is to promote and maintain competition in South Africa in order to: (a) (b) 1 2 promote the efficiency, adaptability and development of the economy; provide consumers with competitive prices and product choices; Act 89 of 1998 (as amended); hereinafter referred to as the ‘1998 Act’. See also Hartzenberg,...

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