Competition Commission Publishes ‘Public Interest Guidelines Relating To Merger Control’
By: Gina Lodolo, Joshua Eveleigh & Nicola Taljaard (African Antitrust)
South Africa has been striving to strike a nuanced equilibrium between advancing public interest initiatives, enticing foreign investments, and bolstering competitiveness within its markets. In recent times, the South African Competition Commission (“Commission”) seems to have adopted a stricter stance, prioritizing the endorsement of public interest initiatives as a consequential aspect of merger control investigations.
It is crucial to emphasize that the Competition Act 89 of 1998 (“Act”) empowers the Commission to impose stipulations on mergers and acquisitions that are assessed to significantly diminish competition or have adverse implications for the public interest.