South Africa (1979)
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
- ↑ 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
- ↑ Also available at the site is a list of the amendments, from which the original 1979 statute can be derived.