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World Affairs Online
9. Competition Act 1998 – substantive provisions
In: Competition Law, p. 351-415
Johannesburg's implementation of the National Water Act, 1998 in Soweto, South Africa
In: Development Southern Africa, Volume 37, Issue 4, p. 535-552
ISSN: 1470-3637
World Affairs Online
Johannesburg's implementation of the National Water Act, 1998 in Soweto, South Africa
In: Development Southern Africa, Volume 37, Issue 4, p. 535-552
ISSN: 1470-3637
Competition Policy and Practice in South Africa: Promoting Competition for Development Symposium on Competition Law and Policy in Developing Countries
South Africa's new competition policy and law were drafted during the early years of South Africa's new democracy, a period characterized by important domestic policy and regulatory reform. These reforms were not only part of the comprehensive program for the country's economic, social, and political transformation, but also its integration into the global economy after decades of isolation under the apartheid regime. In the case of competition policy, however, concerns about specific development challenges entrenched by the previous era of political and economic control, had to be explicitly reflected in the new South Africa's law and policy. It was clear that a robust competition law would only be politically possible if the law specifically addressed public interest concerns. The core focus of economic efficiency had to be tempered by a strong emphasis on development. In the end, the new competition law, even with the broad sweep of its objectives, puts economic efficiency center-stage. Public interest objectives are articulated alongside the goal of economic efficiency. Only as the jurisprudence develops will the nature of the trade-offs within this nexus of objectives become clear. This paper reviews briefly the new 1998 Competition Act ("Competition Act" or "Act") and the institutions established to enforce the new law. The new Act marks a significant step in the development of effective market governance in South Africa. However, much remains to be done to develop capacity, in particular the institutional capacity for effectively enforcing competition law, and complementary regulatory frameworks that will support the broad competition policy objectives that reach beyond efficiency to encompass public interest objectives. And perhaps even more important, especially in light of recent investigations into alleged restrictive practices and cases that have been heard, there remains much to be done to change firm behaviour from mere maneuvering around competition law to effective compliance.
BASE
Southern Africa Economic Summit 1998 Report
In: Southern Africa Economic Summit Report, 1998
World Affairs Online
10. Competition Act 1998 and the cartel offence:
In: Competition Law, p. 416-479
Telecommunications in South Africa: Enforcement of Competition
In: Competition Commission and Competition Tribunal 15th Annual Competition Conference 20-22 October 2021, Pretoria
SSRN
Competition law and policy in South Africa
In: OECD journal: competition law and policy, Volume 5, Issue 4, p. 7-69
ISSN: 1560-7771
SOUTH AFRICA: Delicate Balancing Act
In: Africa research bulletin. Economic, financial and technical series, Volume 56, Issue 4
ISSN: 1467-6346
South Africa: The citizenship act
In: The round table: the Commonwealth journal of international affairs, Volume 39, Issue 153-156, p. 383-387
ISSN: 1474-029X
The South Africa Act, 1909
In: American journal of international law: AJIL, Volume 4, Issue S1, p. 1-39
ISSN: 2161-7953
World Affairs Online
Competition Law and Policy in South Africa
In: OECD journal: competition law and policy, Volume 5, Issue 4, p. 7-69
ISSN: 1609-7521