Public Interest Considerations in Competition Policy in South Africa

Résumé

South Africa is a country with history of racial and economic exclusions, and now ranks as the most unequal in the world. In adopting its competition law South Africa sought to balance the efficiency and equity issues. The provision of the law follow the normal competition tests, such as the rule of reason approach, as well as per se prohibitions. In addition to this, the competition authorities are required to consider the impact of their decisions on public interest issues such as employment, small and medium enterprises, economic development and participation of perviously disadvantaged groups in the economy. The authorities have now more that twenty years of experience with this. The paper explores these experiences through case law and policy developments to lift lessons.