HCargill at 19:45, 15 July 2008

2008-07-15T19:45:15Z

← Older revision		Revision as of 19:45, 15 July 2008
Line 1:		Line 1:
	'''Score = 12'''		'''Score = 12'''

	''Governed by:'' Maintenance and Promotion of Competition Act 96 of 1979 ("the statute".<ref>The statute, last amended in 1996, is available from South Africa's Competition Commission, at http://www.compcom.co.za/thelaw/thelaw_act_maintenance.asp?level=1&child=3 </ref><ref>Also available at the site is a list of the amendments, from which the original 1979 statute can be derived.</ref>		''Governed by:'' Maintenance and Promotion of Competition Act 96 of 1979 ("the statute").<ref>The statute, last amended in 1996, is available from South Africa's Competition Commission, at http://www.compcom.co.za/thelaw/thelaw_act_maintenance.asp?level=1&child=3 </ref><ref>Also available at the site is a list of the amendments, from which the original 1979 statute can be derived.</ref>

	{\| class="wikitable"		{\| class="wikitable"

HCargill: coded 79

2008-07-15T19:44:50Z

coded 79

Show changes

HCargill: New page: '''this page is currently under construction, please check back at the end of July, 2008''' '''Score = 21''' ''Governed by:'' Republic of South Africa Competition Act No. 89 of 30 Novemb...

2008-07-15T15:30:23Z

New page: '''this page is currently under construction, please check back at the end of July, 2008''' '''Score = 21''' ''Governed by:'' Republic of South Africa Competition Act No. 89 of 30 Novemb...

New page

'''this page is currently under construction, please check back at the end of July, 2008'''
'''Score = 21'''

''Governed by:'' Republic of South Africa Competition Act No. 89 of 30 November 1998 last amended in Competition Second Amendment Act, No. 39 of 2000 (hereinafter referred to as “Competition Act”).<ref>http://www.compcom.co.za/thelaw/ConsolidatedAct.doc</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Article 3 says that the act applies to anything having an effect in South Africa.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 59 gives fining guidelines.

|-
|
| Prison Sentences
| 1
| Article 74 allows the Commission to impose imprisonment for certain serious offenses.

|-
|
| Divestitures
| 1
| Article 60 gives guidelines for divestiture.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 49b(2) says that any person may submit information a complaints to the Commission.

|-
|
| Remedies Available to 3rd Parties
| 0
|

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 53(1)(a)(ii) give the complainant the right to participant in the hearing if he referred the complaint to the Tribunal OR if the Tribunal decides that the complainant should be adequately represented.

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 13a requires merger notification.

|-
|
| Pre-merger
| 2
| Article 13a says that a merger cannot be implemented until the Commission has been notified and has approved it.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 12a(2) asks the Commission to examine the resultant market power of the merger.

|-
|
| Restriction of Competition
| 1
| Article 12A(1) requires the Commission to determine whether the merger is likely to substantially prevent or lessen competition.

|-
|
| Public Interest (Pro D)
| 1
| Article 12a(1)(a)(ii) allows the Commission to look at whether the merger can or cannot be justified on substantial public interest grounds.

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 1
| Article 12a(1)(a)(i) allows the Commission to look at whether there will be any technological or efficiency gains that would offset the restriction of competition.

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 8(1)(b) and (c) ban refusing competitors access and other exclusionary acts.

|-
|
| Abusive Acts
| 1
| Article 8 lists various prohibited abuses of a dominant position.

|-
|
| Price Setting
| 1
| Article 8(1)(a) prohibits charging an excessive price.

|-
|
| Discriminatory Pricing
| 1
| Article 9 prohibits price discrimination by a dominant firm.

|-
|
| Resale Price Maintenance
| 1
| Article 5(2) prohibits minimum resale price maintenance.

|-
|
| Obstacles to Entry
| 0
|

|-
|
| Efficiency Defense
| 1
| The Article 8 prohibitions include exceptions where the dominant firm can show a technological or efficiency gain.

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 4(1)(b)(i) prohibits price fixing.

|-
|
| Tying
| 1
| Article 8(1)(d) prohibits tying arrangements.

|-
|
| Market Division
| 1
| Article 4(1)(b)(ii) prohibits dividing markets.

|-
|
| Output Restraint
| 0
|

|-
|
| Market Sharing
| 0
|

|-
|
| Eliminating Competitors
| 0
|

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 4(1)(b)(iii) prohibits collusive tendering.

|-
|
| Supply Refusal
| 0
|

|-
|
| Efficiency Defense
| 1
| Article 4(1)(a) allows a defense to the restrictive horizontal practices prohibitions if the technical or efficiency gains outweigh the restriction on competition.

|}

== References ==
<references />

South Africa (1979) - Revision history

HCargill at 19:45, 15 July 2008

HCargill: coded 79

HCargill: New page: '''this page is currently under construction, please check back at the end of July, 2008''' '''Score = 21''' ''Governed by:'' Republic of South Africa Competition Act No. 89 of 30 Novemb...