South Africa (1979): Difference between revisions

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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...
 
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'''this page is currently under construction, please check back at the end of July, 2008'''
'''Score = 12'''
'''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>
''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"
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| Scope
| Scope
| Extraterritoriality
| Extraterritoriality
| 1
| 0
| Article 3 says that the act applies to anything having an effect in South Africa.
|  


|- class="categorydivision"
|- class="categorydivision"
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| Fines
| Fines
| 1
| 1
| Article 59 gives fining guidelines.
| Article 19 provides for fines.


|-
|-
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| Prison Sentences
| Prison Sentences
| 1
| 1
| Article 74 allows the Commission to impose imprisonment for certain serious offenses.
| Article 19 provides for prison sentences.  


|-
|-
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| Divestitures
| Divestitures
| 1
| 1
| Article 60 gives guidelines for divestiture.
| Article 14(c)(i) allows for divestitures.


|- class="categorydivision"
|- class="categorydivision"
| Private Enforcement
| Private Enforcement
| 3rd Party Initiation
| 3rd Party Initiation
| 1
| 0
| Article 49b(2) says that any person may submit information a complaints to the Commission.
|  


|-
|-
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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 10(4) requires the Competition Board to provide public notice of its investigations, and solicit written submissions on the matter from members of the public.  


|- class="categorydivision"
|- class="categorydivision"
| Merger Notification
| Merger Notification
| Voluntary
| Voluntary
| 0
| 1
|  
| Article 6(2)(a) provides for optional merger notification.
|-
|-
|  
|  
| Mandatory
| Mandatory
| 3
| 0
| Article 13a requires merger notification.
|  
|-
|-
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| Pre-merger
| Pre-merger
| 2
| 2
| Article 13a says that a merger cannot be implemented until the Commission has been notified and has approved it.
| Article 6(2)(a) states that parties contemplating merger may notify the Board.  
|-
|-
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| Merger Assessment
| Merger Assessment
| Dominance
| Dominance
| 1
| 0
| Article 12a(2) asks the Commission to examine the resultant market power of the merger.
|  
|-
|-
|  
|  
| Restriction of Competition
| Restriction of Competition
| 1
| 0
| Article 12A(1) requires the Commission to determine whether the merger is likely to substantially prevent or lessen competition.
|  
|-
|-
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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 14(1) states that mergers not in the public interest may be disallowed or undone. Public interest is the sole listed criteria for whether to allow a merger.  
|-
|-
|  
|  
| Public Interest (Pro Authority)
| Public Interest (Pro Authority)
| 0
| 1
|  
| Article 14(1) states that mergers not in the public interest may be disallowed.
|-
|-
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|  
|  
| Efficiency
| Efficiency
| 1
| 0
| 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 1 lists limiting production as a restrictive practice. Articles 10 and 14 allow the Competition Board and the Minister to investigate, prohibit, and regulate restrictive trade practices.  
|-
|-
|  
|  
| Abusive Acts
| Abusive Acts
| 1
| 0
| Article 8 lists various prohibited abuses of a dominant position.
|  


|-
|-
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| Price Setting
| Price Setting
| 1
| 1
| Article 8(1)(a) prohibits charging an excessive price.
| Article 1 lists price setting as a restrictive practice.


|-
|-
|  
|  
| Discriminatory Pricing
| Discriminatory Pricing
| 1
| 0
| Article 9 prohibits price discrimination by a dominant firm.
|  
|-
|-
|  
|  
| Resale Price Maintenance
| Resale Price Maintenance
| 1
| 0
| Article 5(2) prohibits minimum resale price maintenance.
|  
|-
|-
|  
|  
| Obstacles to Entry
| Obstacles to Entry
| 0
| 1
|  
| Article 1 lists creation of obstacles to entry as a restrictive trade practice.
|-
|-
|  
|  
| Efficiency Defense
| Efficiency Defense
| 1
| 0
| The Article 8 prohibitions include exceptions where the dominant firm can show a technological or efficiency gain.
|  
|- class="categorydivision"
|- class="categorydivision"
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| Price Fixing
| Price Fixing
| 1
| 1
| Article 4(1)(b)(i) prohibits price fixing.
| Article 1 lists agreements that fix prices as restrictive trade practices.  
|-
|-
|  
|  
| Tying
| Tying
| 1
| 0
| Article 8(1)(d) prohibits tying arrangements.
|  
|-
|-
|  
|  
| Market Division
| Market Division
| 1
| 0
| Article 4(1)(b)(ii) prohibits dividing markets.
|  
|-
|-
|  
|  
| Output Restraint
| Output Restraint
| 0
| 1
|  
| Article 1 lists agreements limiting production as restrictive trade practices.
|-
|-
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|  
|  
| Collusive Tendering/Bid-Rigging
| Collusive Tendering/Bid-Rigging
| 1
| 0
| Article 4(1)(b)(iii) prohibits collusive tendering.
|  
|-
|-
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|  
|  
| Efficiency Defense
| 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 ==
<references />
<references />

Latest revision as of 19:45, 15 July 2008

Score = 12

Governed by: Maintenance and Promotion of Competition Act 96 of 1979 ("the statute").[1][2]

Category Subcategory Score Comment
Scope Extraterritoriality 0
Remedies Fines 1 Article 19 provides for fines.
Prison Sentences 1 Article 19 provides for prison sentences.
Divestitures 1 Article 14(c)(i) allows for divestitures.
Private Enforcement 3rd Party Initiation 0
Remedies Available to 3rd Parties 0
3rd Party Rights in Proceedings 1 Article 10(4) requires the Competition Board to provide public notice of its investigations, and solicit written submissions on the matter from members of the public.
Merger Notification Voluntary 1 Article 6(2)(a) provides for optional merger notification.
Mandatory 0
Pre-merger 2 Article 6(2)(a) states that parties contemplating merger may notify the Board.
Post-merger 0
Merger Assessment Dominance 0
Restriction of Competition 0
Public Interest (Pro D) 1 Article 14(1) states that mergers not in the public interest may be disallowed or undone. Public interest is the sole listed criteria for whether to allow a merger.
Public Interest (Pro Authority) 1 Article 14(1) states that mergers not in the public interest may be disallowed.
Other 0
Efficiency 0
Dominance Limits Access 1 Article 1 lists limiting production as a restrictive practice. Articles 10 and 14 allow the Competition Board and the Minister to investigate, prohibit, and regulate restrictive trade practices.
Abusive Acts 0
Price Setting 1 Article 1 lists price setting as a restrictive practice.
Discriminatory Pricing 0
Resale Price Maintenance 0
Obstacles to Entry 1 Article 1 lists creation of obstacles to entry as a restrictive trade practice.
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 1 lists agreements that fix prices as restrictive trade practices.
Tying 0
Market Division 0
Output Restraint 1 Article 1 lists agreements limiting production as restrictive trade practices.
Market Sharing 0
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 0
Supply Refusal 0
Efficiency Defense

References

  1. ↑ 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
  2. ↑ Also available at the site is a list of the amendments, from which the original 1979 statute can be derived.
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