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On this page:
• Competition Commission
• Competition Act
• Competition Amendment Bill
• Cartels - The competition's Cardinal sin
• Industry Associations
• Implications on Directors and Senior Management
• Competition Amendment Act
• Competition commission Strategic Plan 2010 - 2030
• Competition Trubinal Presentation
• Business Day Editorial - Competition Commission
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Industry association activities and actions are currently being questioned regarding the competition act. Mr Shan Ramburuth, the commissioner from the competition commission presented the industry by the commission to industry associations at BUSA (Business Unity South Africa). Click here to see the presentation.
Dr John Purchase, representing the ABC and the CEO Forum in this regard, collaborated with Department of Agriculture, Fishery and Forestry (DAFF) and the National Agricultural Marketing Council (NAMC) to meet with the competition commission. The information exchange facilitated and managed by industry associations was discussed, to determine the Competition Commission’s position on it. The presentation, which Dr Purchase presented to the CEO Forum regarding the outcomes of this meeting, can be downloaded by clicking here.
The ABC, together with NAMC and DAFF is now being proactive by surveying the information exchange needs of industry organisations in the agricultural sector. Industry activities are all also evaluated, so that all activities, especially by the ABC, will NOT harm any of its members in terms of their compliance with the competition act.
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The Competition Amendment Bill (“the Bill”) introduces significant reforms to the Competition Act including criminalisation provisions and provisions relating to regulation of so called “complex monopolies”. The Bill has been passed by Parliament and is currently with the President for signature. Constitutional concerns are however delaying signature of the Bill by the President.
Download the document by Werksmans, on the Competition Amendment Bill, here.
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Competition Act
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In terms of the Competition Act the Minister of Trade and Industry has proposed certain important insertions and omissions in the Competition Act in terms of mergers. This is important information that ABC members must take cognisance of.
Competition Act notification part 2
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Cartels - The Competition's Cardinal Sin
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The competition authorities appear to be on a drive to eradicate cartels. Not a week seems to go by without some announcement in the press of the Competition Commission (“Commission”) uncovering another cartel. The Commission has dealt with several cases involving cartel behaviour. Cartels have been uncovered in the airline, steel, milk, bread, piped gas and petroleum industries, and even the bicycle industry, to mention a few.
A legal brief, from Werksmans explains “What is a cartel”, “What type of behaviour is prohibited”, “Punishment of cartel offences”, “How are cartels uncovered” and “What is the effect of cartel conduct”.
To read about the Competition’s Cardinal Sin, Cartels, click here to download the document by Werksmans Incorporated
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Within BUSA, and specifically in the Consumer Protection Bill Task Team in which the ABC serves, the issue was raised about industry associations and what is, and what is not, allowed to be discussed within their meetings to ensure that Competition legislation is not transgressed. Please see the presentation of the Competition Commissioner to BUSA in this regard.
Download the Presentation by the Competition Commission on Industry Associations
The Competition Amendment Bill has been assented by the President, despite concerns related to the constitutionality of this legislation. This new Act will soon hold major implications for Directors and Senior Management within companies – please read Werksmans bulletin in this regard very carefully
Download the bulletin by Werksmans by clicking here
The recently assented Competition Amendment Act holds major implications for directors and senior management of companies alike. Amongst others, the Act seeks to introduce provisions to hold personally accountable, and criminally liable, those individuals who cause firms to engage in cartel conduct; and to authorise the Competition Commission to excuse a respondent to a complaint if the respondent has assisted the competition authorities in the detection and investigation of cartel conduct. The ABC recommends that agribusinesses study the Act carefully in order to align themselves with the provisions of the Act.
Download the Competition Amendment Act as it was published in the Government Gazette, by clicking here
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Competition Trubinal Presentation
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The Competition Tribunal adjudicates competition matters, in accordance with the act and has jurisdiction throughout South Africa. It is independent and subjected to the constitution and the law.
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Business Day Editorial - Competition Commission
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The Competition Commission has been and still is investigating the Food Value Chain extensively. While collusion and anti-competitive behaviour cannot be condoned, concerns have been expressed as to the manner in which the Competition Commission operates, as well as to the unintended consequences that could manifest themselves, e.g. higher food prices. In addition, the Competition Commission’s silence on the state’s monopolistic (Transnet, Eskom, Telkom, etc.) behaviour and driving up inflation through administered prices, is nothing short of scandalous. Please read Business Day’s editorial of 27 July 2010 in this regard.
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