Tag: Competition Commission
Multichoice interim results – strategic gains despite challenges
Despite unprecedented external headwinds, MultiChoice achieved positive operational outcomes. Most notably, currency depreciation reduced trading profit by ZAR7 billion. This impact was felt over the last 18 months. However, through active interventions, MultiChoice navigated these challenges effectively. These efforts spanned the six months ending 30 September 2024 (1H FY25).
Draft vertical restraints regulations and competition law
The Department of Trade, Industry and Competition published draft vertical restraint regulations for comment along with a memorandum to provide context in respect of the draft regulations. These regulations relate to the prohibition on restrictive vertical practices as set out in section 5 of the Competition Act, 89 of 1998 and attempt to provide a framework on how the Competition Commission should approach practices which are potentially prohibited in terms of section 5 of the Act.
Dawn raid compliance guidelines
It is vital for employees to understand how to conduct themselves during dawn raids or interactions with regulators. Failure to do so may result in significant consequences for the employer. The European Commission recently fined a European company after a senior employee deleted private WhatsApp messages during a dawn raid pertaining to a competition law violation.
Incentivising integrity boosts governance and accountability
Collaboration between government and business is vital to realising economic growth. Government should set up a conducive environment for businesses to operate while businesses ensure that they help grow the economy and employ citizens. This partnership must ensure that socio-economic goals are also met for the benefit of citizens.
Currency fluctuations – how “political” is the South African Rand?
The fluctuations of the South African currency (the rand) in the period leading up to the recent national and provincial elections, and during the negotiations by political parties to form a Government of National Unity (GNU), have resulted in many wild and drunken speculations - especially on social media.
The revised final Public Interest Guidelines – a merger analysis
The South African Competition Commission has published its final revised Public Interest Guidelines relating to merger control. The guidelines serve to clarify the commission’s stance on public interest factors as set out in the Competition Act 89 of 1998 (as amended).
Electronic communications amendment bill, 2022 open for comment
The Electronic Communications Amendment Bill, 2022, which introduces a number of significant amendments to the Electronic Communications Act 36 of 2005 (the ECA), has been published. Interested parties have until 23 July to submit written comments regarding the bill.
Competition law block exemptions published for the energy sector
On Wednesday, 24 May 2023, the Minister of Trade, Industry and Competition (MTIC) published the Energy Users Block Exemption and Energy Supplier Block Exemption. The Energy Users Block Exemption allows for collaboration between energy users to respond to the current electricity supply constraints subject to a process of notification to the Competition Commission and the Department of Trade, Industry and Competition (DTIC).
Competition Commission overreach
The Competition Commission has aroused the ire of mainstream economists and analysts with its latest Essential Food Pricing Monitoring Report for 2021 to 2022. It has charged the maize as well as the meat and poultry markets with ‘excessive pricing’. This time, even the halls of academia through the likes of Prof. Johan Kirsten of Stellenbosch University, shook in disagreement.
Competition Commission gets competition wrong
The international company Meta (which owns Facebook and WhatsApp) has been referred to the Competition Tribunal, to be fined 10% of its turnover for violating Section 8 provisions of the Competition Act, which prohibit the abuse of dominance by a company.