Competition Law

The Competition Act No. 89 of 1998 (the Act) came into operation in September 1999 and has far-reaching implications for local and foreign businesses operating in South Africa. All mergers which meet the asset and turnover thresholds established under the Act must be approved by the competition authorities prior to implementation. The authorities take into account the socio-economic effect of a proposed merger in addition to its effect on competition.

The Act prohibits certain restrictive vertical practices, restrictive horizontal practices and the abuses of dominance.

A penalty of up to 10% of a firm's annual turnover can be imposed for implementing a merger without approval or engaging in any of the practices which are prohibited by the Act.

Capabilities

Cliffe Dekker has a specialised department that deals with competition law and is regarded as a leader in the field. We represent clients in a wide range of sectors, including the chemical, gas, beverage, airline, mining, banking and healthcare sectors. We are currently involved in high profile cases on excessive pricing and the interpretation of the prohibition on price fixing to mention a few.

Cliffe Dekker's Competition Law professionals have specialist expertise in:

• Advising client at pre-acquisition stage on the competition law implications of mergers
• Notification of mergers
• Lodging and defending complaints in respect of restrictive practices and abuse of dominance
• Applications for exemption of agreements or practices from the application of the Act
• Acting in proceedings before the Competition Commission and Competition Tribunal
• Lodging and processing of appeals to the Competition Appeal Court and the Supreme Court of Appeal
• Competition Law compliance investigations
• Advising generally on all aspects of South African Competition Law

For further information, contact