Minister Ebrahim Patel will no longer be a Member of Parliament: What does this mean for Competition Policy in South Africa?

According to recent reports, Minister of the Department of Economic Development, Ebrahim Patel, will not be sworn in as a member of Parliament despite initially being listed on the African National Congress’ (ANC) Members of Parliament list. [see https://www.businesslive.co.za/bd/politics/2019-05-15-ebrahim-patel-and-senzeni-zokwana-fail-to-make-it-back-to-parliament/%5D Since Cyril Ramaphosa was voted as the ANC’s President, and hence South Africa’s President, there had […]

Short-term sights in favour of long-term gains: Patel’s industrial policies risk effective competition in South Africa

By Michael Currie Discarding any objectivity and international best practice, the Minister of Economic Development, Mr. Ebrahim Patel, has once again expressed his desire to use the South African Competition Commission (“SACC”) as an agency to actively promote the government’s industrial policies. Speaking at a media briefing, Patel told journalists that the focus of the […]

Patel commends his competition team

Minister finds praise for competition agencies, having increased fines “1000%” The official South African news agency reports that Economic Development Minister Ebrahim Patel has lauded the country’s competition authorities as “remarkably effective over the past 15 years.” “The competition authorities have done solid investigations as they have stepped up actions against cartels and promoted public […]

Patel not mincing words, diluting competition-law factors in mergers

Economic Development Minister of South Africa, Ebrahim Patel, recently stated that the Competition Commission (“Commission”), South Africa’s key competition authority, will be asked to focus on jobs, industrialisation and small business development in lieu of ‘pure’ antitrust-law issues. Patel stated that government would require the Industrial Development Corporation to focus on supporting black industrialists, and […]

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 […]

Antitrust Overhaul: South Africa to amend Competition Act today

South African President Cyril Ramaphosa is expected to sign the Competition Amendment Bill into law today, February 13, 2019, continuing a busy seven-day streak for major legislative antitrust developments on the continent (see here). The new law will be amending the venerable Competition Act, one of the preëminent antitrust statutes of the continent.  The amendment […]

SOUTH AFRICA COMPETITION LAW: NEW REGULATIONS RE ACCESS TO RECORD

By Charl van der Merwe The South African Minister of Economic Development, Ebrahim Patel (Minister) last week published the amended Regulation 15 of the Rules for the Conduct of Proceedings in the Competition Commission. The amended regulation is effective from date of publication being 25 January 2019. The amended Regulation 15 has the effect of […]

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 […]

October Antitrust Conference Shines Spotlight on Africa

New York Concurrences conference: Focus on emerging economies, “coping with nationalism and building inclusive growth” AAT invites its readers to sign up for what promises to be a timely and topical conference in NYC this October 26, 2018, at NYU Law School.  Program below, sign-up with Eventbrite here.  The event features the SACC’s Commissioner Tembinkosi Bonakele […]

Merger Control: Public Interest & SINOPEC/Chevron

When the Stick is Greater than the Carrot While China Petroleum & Chemical Corporation (Sinopec), and global commodities trader and miner Glencore are the front runners in a bid to buy Chevron’s South African Business (Chevron SA), it appears that Sinopec has managed to edge ahead after the Chinese firm has agreed to a number […]