Battle of the Agencies: ICASA vs. CompCom

In dispute over competition-law & merger enforcement in South Africa, Communications agency raises its voice Jurisdictionally crossed wires and agency disputes in antitrust are no longer the exclusive playground of the FCC and DOJ, of COMESA’s CCC and the Kenyan CAK, or DOJ and FTC.  They have now reached the shores of the Republic of […]

KENYA: AIRTEL//TELKOM KENYA MERGER CONDITIONS TAKEN ON APPEAL

By Ruth Mosoti In December 2019, the CAK approved the merger between two Kenyan telecom firms, Airtel and Telkom Kenya, subject to a number of wide ranging conditions. The merging parties, however, were not satisfied with the conditions and have decided to take the CAK’S decision on review to the Competition Tribunal. Kenya’s Competition Tribunal […]

South African Market Inquiries: What Lies Ahead and is it Justified?

By Michael-James Currie The South African Competition Commission (SACC) recently announced that it will be conducting market inquiries into both the Public Passenger Transport sector (Transport Inquiry) as well as investigate the high costs of Data (Data Inquiry). These inquiries are in addition to the SACC’s market inquiries into the private healthcare sector and grocery […]

Mauritius competition watchdog places mobile operators under scrutiny

Mauritius competition watchdog places mobile operators under scrutiny Julie Tirtiaux writes about an investigation by the CCM into allegedly discriminatory mobile pricing policies by the two main mobile operators in the island nation of about 1.2 million. On 27 August 2015, the Competition Commission of Mauritius (“CCM”) announced an investigation against two major mobile operators, Emtel […]

Meet the Enforcers: Companies Tribunal’s Prof. Kasturi Moodaliyar

Interview with Professor Moodaliyar marks second in AAT interview series highlighting African enforcers In the second instalment of our Meet the Enforcers series, we speak with Prof. Kasturi Moodaliyar. An Associate Professor of Competition Law, she is part-time member at the Companies Tribunal; ICASA’s Complaints and Compliance Committee; and the Film and Publication Board Appeal […]

The creeping public-interest factor in antitrust: Still creeping or racing yet?

Race to bottom: dilution of competition-law factors in South Africa? As we have reported numerous times, both on the global policy front as well as in individual case reports, the South African competition regulators and their superiors in the economic development ministry have had their sights on placing a stronger emphasis on the “public interest” […]

Television antitrust saga continues, MultiChoice in the cross-hairs again

Interest group seeks antitrust investigation in free-to-air channels According to a press release by the Independent Communications Authority of South Africa (ICASA), the organisation proposed last Friday a Competition Commission investigation into purportedly horizontal agreements between the South African Broadcasting Corporation (SABC) and MultiChoice.  “This follows an agreement entered into between the two parties in […]

South Africa’s mobile operators under attack for discriminatory “on-net” pricing

Cell C (one of South Africa’s top 3 mobile telecommunications providers) has filed a complaint against competitors MTN and Vodacom with the Competition Commission, according to its press statement dated October 9, 2013 What appears to be the crux of the Cell C complaint is a predatory pricing argument against MTN and Vodacom — a […]

South Africa: MultiChoice may face competition authorities for abuse of dominance

On Digital Media (“ODM”), owner of TopTV, has filed a complaint with the South African Competition Commission (“Commission”) against the Naspers controlled company, MultiChoice (which owns DStv as well as SuperSport) alleging abuse of dominance. ODM alleges that SuperSport unfairly refused to share rights to all Premier Soccer League (“PSL”) matches from 2011 until 2016 […]