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Public Policy Considerations in Competition Enforcement: Merger Control in South Africa

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. Green open access

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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.

Type: Working / discussion paper
Title: Public Policy Considerations in Competition Enforcement: Merger Control in South Africa
ISBN-13: 9781910801109
Open access status: An open access version is available from UCL Discovery
Publisher version: https://www.ucl.ac.uk/drupal/cles/sites/cles/files...
Language: English
Additional information: Copyright © Azza A Raslan 2016. All rights reserved. No part of this paper may be reproduced in any form without permission of the authors
UCL classification: UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10045041
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