Corona, Uncategorized

CORONA AND COMPETITION LAW: MINISTER PATEL AT THE FOREFRONT IN FIGHT AGAINST COVID-19 IN SOUTH AFRICA

By Charl van der Merwe Global markets are in turmoil and governments around the globe are under increased strain to prevent the spread of the Covid-19 virus whilst maintaining necessary services. A key concern in South Africa and elsewhere has been the availability of key supplies and the capacity of the health care and other […]

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AAT, mergers, public-interest, Uncategorized

PepsiCo/Pioneer merger: Minister Patel approves the Deal

In one of the few megamergers of the 2019/2020 season, the South African Competition Tribunal approved, subject to a wide range of public interest related conditions, PepsiCo’s acquisition of South Africa’s largest FMCG producers, Pioneer Foods. In predictable fashion, this was not the type of transaction which would escape the attention of Minister Patel (who […]

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AAT, meddling, mergers, new regime, Patel, public-interest, South Africa, Uncategorized

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 […]

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AAT, Big Picture, BRICS, exclusivity, Extra-judicial Factors, full article, personnel, politics, South Africa

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 […]

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BRICS, personnel, politics, public-interest, South Africa

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 […]

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Big Picture, economics, Extra-judicial Factors, mergers, personnel, politics, public-interest, South Africa

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 […]

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AAT, AAT exclusive, excessive pricing, South Africa, Uncategorized

South Africa Competition Tribunal: Regulations published to expedite COVID-19 excessive and unfair pricing complaint referrals

[The editors at AfricanAntitrust wish to thank Jemma Muller and Gina Lodolo for compiling this article] On 3 April 2020, Minister Ebrahim Patel made amendments to section 27(2) of the Competition Act 89 of 1998 (“the Act”) with regards to the regulations pertaining to the functions of the Competition Tribunal (“the Tribunal”). The amendment was […]

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AAT, price discrimination, Uncategorized

South Africa News Alert: Price Discrimination and Buyer Power Provisions brought into effect.

On 13 February 2020, exactly a year since the price discrimination and buyer power provisions were signed into law, President Ramaphosa and Minister Patel have brought into effect the operation of the amended section 9 of the South African Competition Act (price discrimination) as well as section 8(4) (buyer power provisions) together with the respective […]

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BRICS, Grocery Retail Market Inquiry, mergers, public-interest, South Africa

South Africa: PepsiCo acquisition of Pioneer recommended for approval, at a price!

On 11 February 2020, the South African Competition Commission (SACC) recommended that PepsiCo’s acquisition of Pioneer Foods, be approved, subject to a number of conditions. Despite there being no material overlap between the parties which give rise to any competition concerns, the Commission has proposed substantial public interest related conditions – including the establishment of […]

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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 […]

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