Browsing by Author "Havemann, Scott"

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    Is there a role for public interest provisions in South African competition law?
    (2012) Havemann, Scott; Grzybowski, Lukasz
    The recent Wal-Mart/Massmart merger decision by the Competition Tribunal has highlighted the delicate role that the South African Competition Authorities (the Competition Commission, Competition Tribunal and the Competition Appeal Court) play between balancing public interest provisions and competition issues in merger decisions. A competition policy has been identified as a key instrument in economic development. This begets the question: does the Competition Act (Act 89 of 1998 as amended) empower the Competition Authorities with adequate tools to address economic policy challenges of South Africa? And if it does not, should the Competition Act be amended to provide for such tools and what should these amendments be if any?