Edited by Josef Drexl, Mor Bakhoum, Eleanor M. Fox, Michal S. Gal and David J. Gerber
Chapter 4: Competition Policy in SADC: A South African Perspective
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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