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Competition Law

Competition Commission releases Draft Guidelines on Information Exchange between Competitors

Information is integral to making informed decisions.  When conducting business, obtaining information on the market in which one competes is important to the success of a well-functioning firm.  However, when competitors share information a line can be crossed and therefore caution is required due to the risk that it may result in anti-competitive outcomes.

In line with the approach followed by other international jurisdictions, the Competition Commission has recently released draft Guidelines for comment relating to information sharing between competitors. Read more

Act competitively: A Practical Guide to the South African Competition Act

Economic uncertainty appears to be the order of the day, especially on home soil, and the contest between businesses to gain market share remains challenging. We are all impacted in some way or another by this race for economic power and prosperity.

How then is it possible to strive towards a free market where businesses have equal opportunities, economic efficiency is achieved, consumers are protected and ultimately economic growth is stimulated?

The answer, in short, is a robust competition policy, which is underpinned at its foundation by sound economic policies. Read more

Competition Law

Criminal sanctions: an important weapon in the fight against cartel activity

As of 1 May 2016, competition law in South Africa will be strengthened when the criminalisation of hard core cartel activity becomes a reality.  This amendment to the Competition Act makes it an offence for company directors or persons in a position of management authority to engage in or “knowingly acquiesce” in cartel conduct and brings competition law in line with other jurisdictions such as the United States and more recently, Australia and the United Kingdom. Read more