The Swiss and the South African Public Interest Tests in Competition Law - Two Systems compared

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dc.contributor.authorFrey, Marcelen_ZA
dc.date.accessioned2014-07-30T18:13:10Z
dc.date.available2014-07-30T18:13:10Z
dc.date.issued2014-07-30
dc.description.abstractThis paper will illustrate the South African and Swiss Competition Acts with a specific focus on the public interest consideration common to both. It will investigate if and how political considerations enter into the weighting of the abstract term of public interest and whether South Africa as the less developed country can learn anything from the Swiss system. In order to arrive at a better understanding of the two countries' systems, this paper will include a short introduction to the historical development of competition law in both countries as well as a description of their respective legislative backgrounds. I will then analyse the various decisions, which have been handed down by the competition authorities, specifically with regard to the public interest grounds inherent in both systems. The thesis will deal mainly with South African merger control cases, where the South African Competition Act expressly requires a balancing of public interest with commercial and competition interests. Unlike the situation in Switzerland, there is an abundance of case law on these issues in South Africa. I will attempt to distil the relevant discernable rules or consistent approaches in both countries' decisions.en_ZA
dc.identifier.apacitationFrey, M. (2014). <i>The Swiss and the South African Public Interest Tests in Competition Law - Two Systems compared</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/4616en_ZA
dc.identifier.chicagocitationFrey, Marcel. <i>"The Swiss and the South African Public Interest Tests in Competition Law - Two Systems compared."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2014. http://hdl.handle.net/11427/4616en_ZA
dc.identifier.citationFrey, M. 2014-07-30. The Swiss and the South African Public Interest Tests in Competition Law - Two Systems compared. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Frey, Marcel AB - This paper will illustrate the South African and Swiss Competition Acts with a specific focus on the public interest consideration common to both. It will investigate if and how political considerations enter into the weighting of the abstract term of public interest and whether South Africa as the less developed country can learn anything from the Swiss system. In order to arrive at a better understanding of the two countries' systems, this paper will include a short introduction to the historical development of competition law in both countries as well as a description of their respective legislative backgrounds. I will then analyse the various decisions, which have been handed down by the competition authorities, specifically with regard to the public interest grounds inherent in both systems. The thesis will deal mainly with South African merger control cases, where the South African Competition Act expressly requires a balancing of public interest with commercial and competition interests. Unlike the situation in Switzerland, there is an abundance of case law on these issues in South Africa. I will attempt to distil the relevant discernable rules or consistent approaches in both countries' decisions. DA - 2014-07-30 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - The Swiss and the South African Public Interest Tests in Competition Law - Two Systems compared TI - The Swiss and the South African Public Interest Tests in Competition Law - Two Systems compared UR - http://hdl.handle.net/11427/4616 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/4616
dc.identifier.vancouvercitationFrey M. The Swiss and the South African Public Interest Tests in Competition Law - Two Systems compared. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/4616en_ZA
dc.language.isoenen_ZA
dc.publisher.departmentDepartment of Commercial Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.titleThe Swiss and the South African Public Interest Tests in Competition Law - Two Systems compareden_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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