South Africa (2000) - Revision history

HCargill at 14:24, 17 July 2008

2008-07-17T14:24:39Z

← Older revision		Revision as of 14:24, 17 July 2008
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	\| Remedies Available to 3rd Parties		\| Remedies Available to 3rd Parties
	\|1		\|1
	\| Article 65 states that parties injured by competition violations may commence civil suits after the Competition Council has ruled on the matter; furthermore, the Council's findings bind a civil court. ~~Additionally, Article~~		\| Article 65 states that parties injured by competition violations may commence civil suits after the Competition Council has ruled on the matter; furthermore, the Council's findings bind a civil court.

	\|-		\|-
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	\| 3rd Party Rights in Proceedings		\| 3rd Party Rights in Proceedings
	\| 1		\| 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~~. Additionally, section 49 authorizes the Competition Council and a party to reach an agreement where the party pays damages to an injured third party~~.		\| 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"		\|- class="categorydivision"
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	\| Dominance		\| Dominance
	\| 1		\| 1
	\| Article ~~12a~~(2) asks the Commission to examine the resultant market power of the merger.		\| Article 12A(2) asks the Commission to examine the resultant market power of the merger.

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

	\|-		\|-
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	\| Public Interest (Pro Authority)		\| Public Interest (Pro Authority)
	\| 1		\| 1
	\| Article ~~12a~~(1)(a)(ii) requires the Commission to consider public interest in deciding whether to allow a merger. Article ~~12a~~(3) lists public interest criteria, including such issues as promoting international competitiveness, promoting small businesses, and the effects of the merger on businesses owned by historically disadvantaged persons.		\| Article 12A(1)(a)(ii) requires the Commission to consider public interest in deciding whether to allow a merger. Article 12A(3) lists public interest criteria, including such issues as promoting international competitiveness, promoting small businesses, and the effects of the merger on businesses owned by historically disadvantaged persons.

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

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

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

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

	\|-		\|-

HCargill at 14:00, 17 July 2008

2008-07-17T14:00:37Z

← Older revision		Revision as of 14:00, 17 July 2008
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	\| Fines		\| Fines
	\| 1		\| 1
	\| Article 59 gives fining guidelines.		\| Article 59 gives fining guidelines. Article 74 also provides for fines.

	\|-		\|-

HCargill: rescored on third party remedies, merger assessment(other), merger assessment (anti-d), obstacles to entry.

2008-07-15T20:35:02Z

rescored on third party remedies, merger assessment(other), merger assessment (anti-d), obstacles to entry.

← Older revision		Revision as of 20:35, 15 July 2008
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	'''Score = 21'''		'''Score = 24'''

	''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>		''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>
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	\|		\|
	\| Remedies Available to 3rd Parties		\| Remedies Available to 3rd Parties
	\| 0		\|1
	\|		\| Article 65 states that parties injured by competition violations may commence civil suits after the Competition Council has ruled on the matter; furthermore, the Council's findings bind a civil court. Additionally, Article

	\|-		\|-
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	\| 3rd Party Rights in Proceedings		\| 3rd Party Rights in Proceedings
	\| 1		\| 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.		\| 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. Additionally, section 49 authorizes the Competition Council and a party to reach an agreement where the party pays damages to an injured third party.

	\|- class="categorydivision"		\|- class="categorydivision"
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	\|		\|
	\| Public Interest (Pro Authority)		\| Public Interest (Pro Authority)
	\| 0		\| 1
	\|		\| Article 12a(1)(a)(ii) requires the Commission to consider public interest in deciding whether to allow a merger. Article 12a(3) lists public interest criteria, including such issues as promoting international competitiveness, promoting small businesses, and the effects of the merger on businesses owned by historically disadvantaged persons.

	\|-		\|-
	\|		\|
	\| Other		\| Other
	\| 0		\| 1
	\|		\| Article 12A(2)(g) requires the Competition Commission to consider whether a merging company is in danger of failing.

	\|-		\|-
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	\|		\|
	\| Obstacles to Entry		\| Obstacles to Entry
	\| 0		\| 1
	\|		\| Article 8(c) prohibits dominant firms from engaging in exclusionary acts, defined in Article 1 as acts which create obstacles to entry.

	\|-		\|-

Kajrozga at 22:01, 2 September 2007

2007-09-02T22:01:26Z

← Older revision		Revision as of 22:01, 2 September 2007
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	'''Score = 21'''		'''Score = 21'''

	''Governed by:'' Republic of South Africa Competition Act of 30 November 1998 last amended in Competition Second Amendment Act, No. 39 of 2000 (hereinafter referred to as “Competition Act”).<ref>~~South Africa Competition Commission website,~~ http://www.compcom.co.za/thelaw/~~thelaw_act_competition_acts.asp?level=1&child=1~~. </ref>		''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"		{\| class="wikitable"

Kajrozga at 23:40, 3 August 2007

2007-08-03T23:40:10Z

← Older revision		Revision as of 23:40, 3 August 2007
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	\|		\|
	\| Tying		\| Tying
	\| 0		\| 1
	\|		\| Article 8(1)(d) prohibits tying arrangements.

	\|-		\|-

Kajrozga: New page: '''Score = 21''' ''Governed by:'' Republic of South Africa Competition Act of 30 November 1998 last amended in Competition Second Amendment Act, No. 39 of 2000 (hereinafter referred to as...

2007-07-20T14:40:40Z

New page: '''Score = 21''' ''Governed by:'' Republic of South Africa Competition Act of 30 November 1998 last amended in Competition Second Amendment Act, No. 39 of 2000 (hereinafter referred to as...

New page

'''Score = 21'''

''Governed by:'' Republic of South Africa Competition Act of 30 November 1998 last amended in Competition Second Amendment Act, No. 39 of 2000 (hereinafter referred to as “Competition Act”).<ref>South Africa Competition Commission website, http://www.compcom.co.za/thelaw/thelaw_act_competition_acts.asp?level=1&child=1. </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
| 0
|

|-
|
| 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 />