Marianne Wagener (ZA)

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Broad public interest remedies in market inquiries

In July 2023, the South African Competition Commission published its final report and decision in relation to its long-ongoing online intermediation platforms market inquiry.  This is the first market inquiry to be completed following substantial amendments to the market inquiry provisions of the Competition Act which were aimed at increasing the Commission’s powers when conducting … Continue reading

Energy users and suppliers exempt from some of the provisions of the Competition Act – You can now work with your competitors to help solve supply problems.

In May 2023, the Department of Trade Industry and Competition (in consultation with the Competition Commission) published Regulations to exempt certain categories of agreements or practices by energy users (Energy User Block Exemption)and energy suppliers (Energy Suppliers Block Exemption) from the application of certain provisions of the Competition Act (Block Exemptions). The purpose of the … Continue reading

Six things to know about recent Competition Law enforcement in Africa

Competition Regulators across Africa are increasingly investigating and prosecuting companies involved in contraventions of competition legislation.  Compliance with the various regulatory regimes can be challenging but can be managed.  Here are six things to know about recent Competition Law enforcement in Africa: 1. Tanzania: Even less than 10% shareholding acquisition could trigger merger notification On … Continue reading

Sharing information with competitors especially within industry bodies: Competition Act Draft Guidelines, 2022

This blog was co-written by Josh Da Costa, Candidate Attorney How much is too much? How long is a piece of string? How much information can I share with my competitors, and in how much detail? What do the Competition Authorities have to say on the matter in South Africa? The 2022 Guidelines provide some … Continue reading

Post-Covid Competition Regulations for SMME growth for comment

Minister of Trade, Industry and Competition, Ebrahim Patel, speaking at the 16th Annual Competition Law, Economics and Policy Conference, announced a proposed new block exemption for SMMEs, for the purpose of stimulating growth and participation of SMMEs in the economy following Covid-19. These proposed Regulations are open for comment until the end of September 2022. … Continue reading

Distance yourself from collusive conduct as soon as possible

This blog was co-authored by James Donald, Candidate Attorney According to the Competition Appeal Court (CAC) the competition authorities cannot apply the same test to all types of collusive behaviour when investigating whether such conduct had ceased. A firm accused of collusive conduct may be able to extricate itself from the collusive conduct without proving … Continue reading

Commentary on Draft Guidelines on collaboration between competitors on localisation initiatives

This blog was co-authored by James Donald, Candidate Attorney Following the economic fallout of the Covid-19 pandemic, one of the aims of government’s Economic Reconstruction and Recovery Plan (ERRP) is to encourage localisation. With a focus on purchasing local inputs instead of importing, this is intended to assist in uplifting the economy. The challenge is … Continue reading

Competition law requirements when doing mergers in Africa: 10 Things to know

There have been a number of important developments in competition law across Africa over the past few years. An increasing number of African countries have implemented merger notification regimes. ​​​​​​​​​​​​​​Firms that wish to acquire businesses or expand their operations in Africa should be mindful that their transactions may require approval from regulator/s in the country/ies … Continue reading