Raslan, AA; (2016) Public Policy Considerations in Competition Enforcement: Merger Control in South Africa. (CLES Research Paper series 3/2016). Centre for Law, Economics and Society, UCL Faculty of Laws: London, UK.

Preview

Text Raslan_cles-3-2016.pdf Download (788kB) | Preview

Abstract

Adopting mixed policy objectives (economic and non-economic) introduces a divergence to the current competition (antitrust) law models in most developed countries. It is however a model some developing countries are opting for. One area of competition law where the divergence is prominently featured is merger control. South Africa is a leading example of a regime of mixed objectives of competition law and a diffusor of this deferential model among other developing countries. In this paper, we look at competition law enforcement in South Africa focusing on large mergers in the past fifteen years. The paper goes beyond the conceptual, pros & cons discussion of the inclusion of public interest considerations in competition law to identify the analytical process followed in a merger situation and empirically examines the impact these considerations have on the final decision, as opposed to the other considerations usually taken into account, i.e., efficiencies/consumer welfare. The paper also addresses administrability issues and challenges arising from this model and their implications for developing countries. This should, in turn, engage the academia in critical examination of this model, assist policymakers in making an informed policy choice and benefit practitioners in understanding how this deferential merger analysis functions.

Download activity - last month

Export as JSONCSVXML

Download activity - last 12 months

Export as JSONCSVXML

Downloads by country - last 12 months

Export as XMLCSVJSON

Archive Staff Only

View Item