The new South African government signaled its intention to review the South African competition law regime in the White Paper on Reconstruction and Development in 1994 (Notice 1954 Gazette 16085 of 23 November 1994). The need for a new competition policy in South Africa must be seen in the context o... read moref a historical legacy of excessive economic concentration and ownership, collusive practices by enterprises and the abuse of economic power by firms in dominant positions. It was also recognized, however, that the South African economy and society was in a state of transition, in terms of a broader restructuring of the economy, the effects of globalization and trade liberalization and the need to redress past inequality and non-participation in the national economy. A fundamental principle of competition policy and law in South Africa thus is the need to balance economic efficiency with socio-economic equity and development.
The Evolution of Competition Policy in South Africa
The origins of competition policy in South Africa lie with the Regulation of Monopolistic Conditions Act, 1955 (Act No. 24 of 1955). A review of the Act in the 1970s found that it had been unsuccessful in preventing a dramatic increase in oligopolies. As a result, the Maintenance and Promotion of Competition Act, 1979 (Act No.96 of 1979) was introduced and the Competition Board, tasked with administering the Act, was established.
The 1979 Act was amended in 1986 to give the Competition Board further powers, including the ability to act not only against new concentrations of economic power but also existing monopolies and oligopolies. Despite the amendments, however, it was widely recognized that technical flaws in the Act prevented the effective application of competition law on both substantive and logistical grounds.
The Department of Trade and Industry embarked on a three-year project, consulting with experts and stakeholders, to arrive at a new competition policy framework for South Africa in 1995. In November 1997, the Department of Trade and Industry released Proposed Guidelines for Competition Policy entitled ”A Framework for Competition, Competitiveness and Development”. These guidelines formed the basis for negotiations with the National Economic Development and Labour Council (NEDLAC). The objective of the NEDLAC process was to reach agreement between business, government and labour on the policy principles, which would shape and inform competition legislation. A NEDLAC agreement on competition policy was concluded on 20 May 1998. After a fourteen-week public consultation process, the Competition Act, 1998 (Act No, 89 of 1998) was passed by Parliament in September 1998. Certain provisions of the Act were brought into effect in October 1998 to allow for the establishment of a new institutional framework. The remaining provisions of the Act became effective on 1 September 1999.
The New Competition Act
The stated purpose of the Competition Act, 1998 (Act No. 89 of 1998) is to promote and maintain competition in South Africa in order to achieve the following objectives:
To promote the efficiency, adaptability and development of the economy;
To provide consumers with competitive prices and product choices;
To promote employment and advance the social and economic welfare of South Africans;
To expand opportunities for South African participation in world markets and recognize the role of foreign competition in the Republic;
To ensure that small and medium-sized enterprises have an equitable opportunity to participate in the economy;
To promote a greater spread of ownership, in particular to increase the ownership stakes of historically disadvantaged persons.
Three institutions are created in terms of the Act to achieve the above objectives:
The Competition Commission
The Competition Tribunal
The Competition Appeal Court
Key Accountabilities
The main responsibilities of the incumbent will, inter alia, include:
Commissioner Executive Office and Governance Coordination
Coordinate Commissioner-led executive a
Key Accountabilities
The main responsibilities of the incumbent will, inter alia, include:
Lead work streams (under the guidance of a Principal Analyst) in carrying out the investigative work
Key Accountabilities
The main responsibilities of the incumbent will, amongst others, include:
Provide legal support to the Market Inquiry Division, including conducting research on legal iss
Description
The Cartels Division protects competition by investigating and prosecuting illegal agreements between competitors. The Division manages the Corporate Leniency Policy (CLP) to encoura
Description
The Commission invites applications from high-achieving learners in their final year of study, with no prior work experience in their field, to join the second intake of its&nbs
Key Responsibilities
The main responsibilities of the incumbent will, inter alia, include:
Assist in conducting investigations regarding possible contraventions of the Act and relevant
Key Responsibilities
The main responsibilities of the incumbent will, inter alia, include:
Assist in conducting investigations regarding possible contraventions of the Act and relevant
The main responsibilities of the incumbent will, inter alia, include:
To investigate and prosecute contraventions of section 4(1)(b) of the Competition Act.
To administer the Commission's
Key Accountabilities:
The main responsibilities of the incumbent will, inter alia, include:
Managing relevant meetings, developing and maintaining plans, managing ethics and building effectiv
The main responsibilities of the incumbent will, inter alia, include:
To provide guidance to economist(s) and junior economist(s) in the Division with regards to case analysis.
Identify resear
The main responsibilities of the incumbent will, inter alia, include:
Monitor the implementation and compliance with the recommendations and remedial actions imposed in market inquiries.
Condu
The main responsibilities of the incumbent will, inter alia, include:
Assist with monitoring the implementation and compliance with the recommendations and remedial actions imposed in market inq
Key Accountabilities
The main responsibilities of the incumbent will, inter alia, include:
Coordinate and maintain accurate job profiles and job descriptions, ensuring alignment with organisa
Key Accountabilities
The main responsibilities of the incumbent will, inter alia, include:
To investigate and prosecute contraventions of section 4(1) (b) of the Competition Act.
To adminis
The main responsibilities of the incumbent will, inter alia, include:
Administer end-to-end RFQ processes for procurement transactions below R1 million, including obtaining the required quotatio
The main responsibilities of the incumbent will, inter alia, include:
Coordinate and process travel requests for Commission staff through the appointed Travel Management Company (TMC), ensu
Key Accountabilities
The main responsibilities of the incumbent will, inter alia, include:
To investigate and prosecute contraventions of section 4(1) (b) of the Competition Act.
To adminis
Key Accountabilities
The main responsibilities of the incumbent will, inter alia, include:
To investigate and prosecute contraventions of section 4(1)(b) of the Competition Act.
To administ
