Embedding a Competition Culture
Embedding a Competition Culture
Holy Grail or Attainable Objective?
By 2009 the South African authorities had every reason to feel pleased with themselves. Their record on merger review was solid; cartels were falling like skittles. The competition authorities had prosecuted abuse of dominance cases to the point where dominant firms factored competition considerations into their decisions. They had acquired a reputation for independence and for procedural and substantive fairness. Their decisions managed to address the specificities of South Africa while engaging with international experience. But it soon became apparent that a competition culture was not well established. There were two apparent sources of opposition. First was the department notionally responsible for competition policy and, as such, responsible for competition legislation. Secondly, there were the courts. I briefly discuss the courts but my remarks will concentrate on the relationship between the government and the competition authorities.
Keywords: competition law, South Africa, law and development, competition culture
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