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Book Title: Competition Policy and Regional Integration in Developing Countries
Editor(s): Drexl, Josef; Bakhoum, Mor; Fox, M. Eleanor; Gal, S. Michal; Gerber, J. David
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781781004302
Section: Chapter 4
Section Title: Competition Policy in SADC: A South African Perspective
Author(s): Moodaliyar, Kasturi
Number of pages: 21
Extract:
4. Competition policy in the SADC: a
South African perspective
Kasturi Moodaliyar
1. INTRODUCTION
The South African Competition Act1 has been in effect since September
1999. Over the past ten years, competition law and policy have grown in
stature and the competition authorities have become a respected force to be
reckoned with.
The South African story of competition implementation took a dynamic
turn with the change of government in the 1990s. It was recognized that, due
to our previous apartheid laws, industries were favoured based on racial
bias. These laws allowed for a high concentration of white-owned firms in
formal domestic markets and a separate and rather informal trade restricted
to the black population.2 This separate and unequal duality thus hindered
the ability of all citizens to compete fairly in the domestic and international
economic markets.
In order to redress the injustices of the past, the 1998 Act was promul-
gated to promote a wider spread of ownership, with special attention given
to those who had previously been disadvantaged, as well as on the promo-
tion of economic efficiency in South Africa.3 The purpose of the Act is to
promote and maintain competition in South Africa in order to:
(a) promote the efficiency, adaptability and development of the economy;
(b) provide consumers with competitive prices and product choices;
1
Act 89 of 1998 (as amended); hereinafter referred to as the `1998 Act'.
2
See also Hartzenberg, T. (2004), `Competition Policy and Enterprise Develop-
ment: Experience from South ...
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URL: http://www.austlii.edu.au/au/journals/ELECD/2012/889.html