Is there a place for the public interest considerations in the competition legislation of a developing country like South Africa - generally, and specifically with respect to merger evaluation : an economic and legal analysis

Abstract

This paper examines the inclusion of public interest evaluations in competition law, generally and further specifically as it regards Merger Analysis. Reference will be made to the Competition Act (the Act) and to case law- so as to graphically illustrate examples where public interest considerations have, or at least should, substantially influenced decisions made by competition authorities. The basis of this paper will be to examine whether public interest in the general sense will enhance consumer welfare, and in the specific sense whether its consideration enhances the stated economic goals of income and wealth distribution with the overarching goal of realising economic growth and development.