By Megan Friday On Sunday, 30 June 2024, President of South Africa, Cyril Ramaphosa announced South Africa’s new cabinet under the newly-formed Government of National Unity (‘GNU’). The Government of National Unity is “a government that brings together a number of rival leaders and political parties in order to promote national unity and political stability” (Cheeseman, […]
African Antitrust
Draft Vertical Restraints Regulations: what is an SPLC for purposes of section 5(1)?
By Joshua Eveleigh On 03 June 2024, the Department of Trade, Industry and Competition (“DTIC”) published the draft Vertical Restraints Regulations (“Draft Regulations”) with the intention of providing a non-exhaustive list of factors to assist in determining whether a restrictive vertical practice, contravenes section 5 of the Competition Act, 89 of 1998 (“Competition Act”). The […]
“So Much Abuse” Overhaul of Competition Law Shifts from ‘Buyer Power’ to ‘Superior Bargaining Position’ Abuse
By Joshua Eveleigh On 28 May 2024, the Competition Authority of Kenya (“CAK”) published a request for public comment on its ‘Draft Competition (Amendment) Bill, 2024’ (the “Amendment Bill”). The Amendment Bill seeks, most notably, to broaden the scope of the Competition Act to include ‘digital activities’ and to replace the recently included ‘abuse of buyer power’ […]
“But did you really comply…?” Insights into Post-Merger Conditions
Lessons drawn from the Constitutional Court in the Coca-Cola Appeal By Brandon Cole In a pivotal decision issued on April 17, 2024 by the Constitutional Court of South Africa, the case of Coca-Cola Beverages Africa (Pty) Ltd against the Competition Commission has reshaped our understanding and enforcement of post-merger conditions in business transactions. Stemming from […]
Problems in the Ports! Competition Commission of Mauritius Launches a Market Study in the ports industry
By Tyla Lee Coertzen On 26 February 2024, the Competition Commission of Mauritius (“CCM”) announced the launch of a market study in the ports sector established in terms of section 30 of the Mauritian Competition Act of 2007 (the “Act”). Section 30 empowers the Executive Director of the CCM to, inter alia, undertake general studies on […]
COMESA Snapshot: How have the COMESA Draft Regulations changed its competition regime?
By Gina Lodolo & Tyla Lee Coertzen On 24 January 2024, the COMESA Competition Commission (the “CCC”) issued a press release requesting comments to its proposed Draft Regulations (as amended in November 2023) (“Draft Regulations”). The Draft Regulations contemplate an over hall of many key features of the CCC’s current competition regime, which has been […]
