BRICS, event, South Africa

Concurrences: Interview with Commissioner Bonakele

Antitrust in Developing Countries: Competition Policy in a Politicised World Our friends at Concurrences Review are hosting the fourth edition of the joint conference co-organized by Concurrences & New York University School of Law, in New York City on October 27, 2017. Tickets and more information can be obtained here. Below is the interview of Tembinkosi Bonakele […]

Standard
AAT, AAT exclusive, BRICS, event, Meet the Enforcers, personnel, South Africa

Exclusive AAT interview: Bonakele on antitrust conferences

In our latest instalment of our Meet the Enforcers series, we speak with South African Competition Commissioner Tembinkosi Bonakele on the topic of hosting a series of academic & practitioner platforms to discuss cases and developments in competition-law enforcement. This week, the South African Competition Commission and the Competition Tribunal successfully organised the 9th Annual Conference on Competition Law, Economics […]

Standard
BRICS, legislation, minerals, politics, South Africa

Bonakele advocates regulation in lieu of antitrust enforcement

South African Competition Commissioner quoted as preferring legislative action rather than Commission action In a BD Live article from today (“Competition policy ‘not best way to plug industrial loopholes’”), Linda Ensor reports on a presentation Tembinkosi Bonakele made to Parliament’s trade and industry portfolio committee.  In it, the head of the Competition Commission (“Commission”) remarked, […]

Standard
BRICS, Extra-judicial Factors, mergers, personnel, politics, public-interest, South Africa

New Competition Commissioner not so new: Bonakele retains top job

Interim South African Acting Competition Commissioner Tembinkosi Bonakele confirmed in permanent post by minister who unceremoniously fired predecessor Ramburuth Plus ça change, plus c’est la même chose… This morning, economic-development minister Ebrahim Patel announced the retention of the 38 year-old Mr. Bonakele as the top antitrust enforcer in the South African republic, making permanent for […]

Standard
meddling, MergerMania, public-interest, South Africa

Revisiting the Burger King prohibition: [Unintended] Consequences & [Possible] Reconsideration

By Joshua Eveleigh On the 1 June 2021, the South African Competition Commission (SACC) released its media statement announcing the prohibition of ECP Africa’s proposed acquisition of Burger King (South Africa) and Grand Foods Meat Plant Pty (Ltd) from Grand Parade Investments.   AAT published a note on this precedent-setting decision here. Despite finding that the […]

Standard
AAT exclusive, meddling, MergerMania, mergers, public-interest, South Africa

Precedent-Setting Decision: Burger King Acquisition Prohibited Purely on Public Interest Grounds

By Charl van der Merwe The South African Competition Commission (SACC) made headlines with its first prohibition of an intermediate merger that was based solely on public-interest grounds. Emerging Capital Partners (ECP), a private equity firm founded in the US, was to acquire all Burger King assets from South African Grand Parade Investments, a South […]

Standard
COVID-19, excessive pricing, South Africa

Competition Commission makes good on its promise to clamp down on excessive pricing amid COVID-19 outbreak

Despite the overwhelming amount of excessive pricing complaints being referred to the South African Competition Commission (“the Commission”), it has remained unwavering in its commitment to prioritize and follow-through on bringing the full might of the law down on suppliers and retails who have used the prevailing circumstances to take advantage of consumers by increasing […]

Standard
AAT exclusive, Grocery Retail Market Inquiry, market study, South Africa, Uncategorized

SOUTH AFRICA: COMPETITION COMMISSION PUBLISHES INTERIM REPORT RE GROCERY RETAIL MARKET INQUIRY

By Charl van der Merwe Introduction The South African Competition Commission (“SACC”) on Wednesday 29 May 2019 released its interim report on its findings in the Grocery Retail Sector Market Inquiry (“Inquiry”). The Inquiry’s terms of reference, published in October 2015, mandated the SACC to investigate: “The impact of the expansion, diversification and consolidation of […]

Standard
Big Picture, BRICS, economics, event, full article, South Africa

“Emerging Antitrust”: One size doesn’t fit all?

Pro rem publicam At the Concurrences “Antitrust & Developing and Emerging Economies” conference held at NYU Law last Friday — and aptly sub-titled “Coping with nationalism, building inclusive growth” — the audience was treated to a (rather iconoclastic, yet fascinating) keynote speech by Nobel laureate economics professor Joe Stiglitz, which highlighted what would become a theme […]

Standard
BRICS, Extra-judicial Factors, legislation, public-interest, South Africa

SA Competition Act officially amended – serious consequences for businesses

South Africa has amended its antitrust laws, first introduced to the country in 1998 via its Competition Act.  Parliament ratified the amendments (which still have to be rubber-stamped by the National Council of Provinces, a mere formality) yesterday over the serious objections of the opposition parties.  The new law will give significant interventionist powers to the […]

Standard