Tag: Historically Disadvantaged Persons (HDP)

Consumer benefits in mergers should be the central consideration when evaluating whether a merger enhances or harms the market for consumers. The Competition Tribunal recently blocked a merger between Maziv and Vodacom, two major players in South Africa's telecommunications sector.

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.

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).

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).

The Competition Commission has recently prohibited a transaction between Emerging Capital Partners Africa (ECP) and Grand Parade Investments, a private equity firm listed in the Johannesburg Stock Exchange. The transaction would have seen ECP acquire Grand Parade’s stake in Burger King South Africa (BKSA) as well as Grand Foods Meat Plant (Pty) Ltd.

A number of fundamental changes to the Competition Act demonstrate government's strengthened policy commitment to drive radical economic transformation in South Africa and are likely to be more regularly used in the midst of COVID-19.

On 18 May 2020, the Competition Commission published its final Buyer Power Guidelines (the guidelines). Earlier this year, the new buyer power provisions of the Competition Act 89 of 1998 (the Act) came into effect. These provisions prohibit dominant buyers in designated sectors from imposing unfair prices or trading conditions on small and medium enterprises (SMEs) and firms owned and controlled by historically disadvantaged persons (HDP).

On 10 October 2019, the Minister of Economic Development published second drafts of the Price Discrimination Regulations and Buyer Power Regulations (collectively, the 2019 Regulations) for public comment.