Competition law south africa pdf

  • What is unlawful competition in South Africa?

    Unlawful competition affords any person, irrespective of the existence of any intellectual property, the right to stop third party from conducting business or other activities in a manner that is regarded as unlawful..

  • The Competition Tribunal adjudicates competition matters, in accordance with the Competition Tribunal Act of 1998 and has jurisdiction throughout the Republic of South Africa.
    It is independent and subject to the Constitution and the law.
    It must be impartial and perform its functions without fear, favour or prejudice.
  • The other bodies are the Competition Tribunal (Tribunal) and the Competition Appeal Court (CAC).
    The Commission is the investigating and prosecuting agency in the competition regime while the Tribunal is the court.
Competition policy seeks to incorporate the interests of consumers, workers, emerging entrepreneurs, and other corporate competitors, and to protect the ability 
The Competition Act includes features that respond directly to the unique situation of South Africa. In some contexts, it permits consideration of equity 

Does South Africa have anti-competitive conduct?

Conduct that has an effect in South Africa may be subject to the Competition Act. (Competition Commission, 2001) It is not necessary to show that the effect in South Africa is anti-competitive, so the per se rules could prohibit conduct outside South Africa.

What is the Competition Act?

The Competition Act incorporates familiar elements that are found in the antitrust laws and concepts of many other jurisdictions.
The law even encourages international comparisons.


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