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Competition Policy News

Criminalisation of cartel conduct comes into effect

By: Sane Dhlamini     17th May 2016 With effect from May 1, 2016, price fixing, market allocation and collusive tendering between actual and potential competitors could result in criminal liability for directors or managers.  This was discussed at legal services firm Webber Wentzel’s breakfast seminar, held on Tuesday in Sandton,... 

South Africa aims to finish inquiry into grocery market in 2017

By: Reuters     17th May 2016 South Africa's competition watchdog aims to complete an investigation into the grocery market by the end of May 2017, it said on Tuesday, giving a progress report on an inquiry that could loosen the grip of its four main food retailers. Large retailers Shoprite, Pick n Pay, Spar and Woolworths... 

South Africa aims to finish inquiry into grocery market in 2017

CompComm publishes preliminary LPG market inquiry findings

By: Samantha Herbst     10th May 2016 The Competition Commission has published the preliminary findings and proposed recommendations of the liquefied petroleum gas (LPG) market inquiry for public comment.   Among the findings is the commission’s concern about structural impediments to competition, which could hinder the growth of the... 

CompComm publishes preliminary LPG market inquiry findings

Sanral takes aim at collusion-accused construction companies 

By: Natasha Odendaal     10th May 2016 The South African National Roads Agency Limited (Sanral) has lodged civil damages claims with the Gauteng Local Division High Court against the construction firms the competition authorities had investigated for collusive conduct. Seven construction firms and joint ventures had been served papers... 

Sanral takes aim at collusion-accused construction companies

Quality of cement imports questionable, says industry body

By: Nadine James     29th April 2016 Cement and concrete advisory body The Concrete Institute (TCI) MD Bryan Perrie is concerned about the quality and metrology of cement imports. He explains that all cement has to be certified by a body approved by the National Regulator for Compulsory Standards (NRCS)  as being compliant with... 

Quality of cement  imports questionable,  says industry body
BRYAN PERRIE The Concrete Institute MD says sample tests have shown that some cement imports are of an inferior quality.

SA growth likely worst in sub-Saharan Africa – report

By: News24Wire      27th April 2016 South Africa is likely to be the worst performer in sub-Sahara Africa (SSA) with a projected gross domestic product (GDP) expansion of 0.7% this year. This is according to the latest outlook for the region by FocusEconomics. 

SA growth likely worst in sub-Saharan Africa – report

Heat exchanger market worth $21.8M by 2019

     8th April 2016 India-based market research company Markets and Markets (M&M) predict that the heat exchanger market will be worth $21.08-million by 2019 owing to demand increase from Europe and Asia. The exchanger market report conducted by M&M is based on heat exchanger types such as shell and tube, plate and... 

Heat exchanger market worth $21.8M by 2019
MARKET DEMAND TO INCREASE A large number of emerging manufacturers is expected to drive the heat exchanger market in future

Tribunal requests additional information from commission in construction application

By: Anine Kilian     24th March 2016 The Competition Tribunal has issued an order for the Competition Commission to file supplementary applications relating to three companies that the commission wants added as parties to two complaints relating to the Gautrain rapid rail link project and the Lesotho Highlands Water Project. The... 

Tribunal requests additional information from commission in construction application

Tribunal dismisses poultry 'merger' application

By: News24Wire      24th March 2016 The Competition Tribunal on Thursday dismissed with costs an application by Sovereign Foods regarding what it alleged to constitute a merger by its competitor Country Bird Group. Sovereign Foods is a producer of fresh and frozen chicken portions. Country Bird is a competitor and a direct and... 

Tribunal dismisses poultry 'merger' application

Airline industry group joins European inquiry into aviation aftermarket support and services

By: Keith Campbell     24th March 2016 The European Commission’s (EC’s) investigation into allegations that aviation original-equipment manufactures (OEMs) have abused their dominant market positions has been joined, in the role of a complainant, by the International Air Transport Association (Iata). The association announced this on... 

Airline industry group joins European inquiry into aviation aftermarket support and services
Photo by IATA
Tony Tyler

Why medical aid costs are soaring in SA

By: News24Wire      1st March 2016 Private hospital and specialists’ fees need to be regulated to contain costs for medical scheme members, according to the Board of Healthcare Funders (BHF). These fees take the “lion’s share” of members’ contributions, BHF Executive Director Dr Humphrey Zokufa told the Competition Commission’s... 

Why medical aid costs are soaring in SA

Tribunal hearings continue into alleged price-fixing in wire industry

By: Natasha Odendaal     27th January 2016 A years-long battle over allegations of a price-fixing cartel in the galvanised wire and wire products industry continued this week as the Competition Tribunal sat down to hear arguments from wire and wire products manufacturers Allens Meshco and Cape Gate, along with ten others. The companies,... 

Tribunal hearings continue into alleged price-fixing in wire industry

Competition Tribunal lifts conditions on Zimco, Atlantis merger

By: Samantha Herbst     21st January 2016 The Competition Tribunal has approved a request by South African industrial and base metals producer Zimco Group to lift certain conditions imposed by the Competition Commission in 2014, when it approved the merger of Zimco and lead anodes producer Atlantis Metals. At the time of the merger,... 

Competition Tribunal lifts conditions on Zimco, Atlantis merger

Cliffe Dekker Hofmeyr secures top spot in M&A deal value rankings

By: Creamer Media Reporter      15th January 2016 Law firm Cliffe Dekker Hofmeyr on Friday said its mergers and acquisition (M&A) team had achieved first place by deal value for South African firms in Mergermarket M&A Africa and Middle East 2015 Global League Tables for Africa and the Middle East. The group also secured twelfth place... 

Cliffe Dekker Hofmeyr secures top spot in M&A deal value rankings

Commission gives SABMiller, Coke deal preliminary approval

By: Reuters     18th December 2015 SABMiller and Coca-Cola's proposed deal to combine their operations that mix, bottle and distribute soft drinks in Africa, cleared a major hurdle on Thursday after South Africa's competition watchdog gave its preliminary approval. SABMiller and Coca-Cola agreed in November 2014 to team up to... 

Commission gives SABMiller, Coke deal preliminary approval

Murray & Roberts slapped with R64m fine

By: African News Agency      11th December 2015 The Competition Commission of South Africa on Thursday confirmed it had issued a R64.1-million fine to construction giant Murray & Roberts for its involvement in sector collusion related to construction projects for the 2010 World Cup. “Yesterday [on Wednesday], the competition tribunal confirmed... 

Murray & Roberts slapped with R64m fine

Easigas, Reatile merger gets conditional green light

By: Natasha Odendaal     10th December 2015 The Competition Commission has approved, with conditions, a proposed tie-up between liquefied petroleum gas (LPG) suppliers Easigas and Reatile Gaz. The duo aimed to merge their respective Southern African operations to create a “truly regional player” with improved efficiencies and reliability... 

Easigas, Reatile merger gets conditional green light

Sun International’s takeover of Peermont blocked

By: Natasha Odendaal     10th December 2015 The proposed R9.43-billion takeover of gaming and hotel company Peermont Group by JSE-listed resort hotel group Sun International has been denied in a move the Competition Commission says will prevent decreasing competition in an already concentrated market. Sun International had planned to... 

S Africa, Namibia competition authorities cement cooperation

By: Natasha Odendaal     12th November 2015 South Africa’s Competition Commission and its Namibian counterpart this week inked a deal to formalise and promote cooperation in competition law and policy enforcement within the two Southern African countries. The memorandum of understanding, said to be the first of its kind in Africa, cemented... 

S Africa confident of Agoa suspension reversal by year-end

By: Natasha Odendaal     6th November 2015 The Department of Trade and Industry (DTI) is confident the US will reverse its decision to suspend some of South Africa’s African Growth and Opportunity Act (Agoa) benefits before the restrictions are implemented by the end of the year. Trade and Industry Minister Dr Rob Davies said on Friday... 

S Africa confident of Agoa suspension reversal by year-end

Competition Tribunal approves Wesbank, Hollard JV

By: Megan van Wyngaardt     29th October 2015 The Competition Tribunal has approved a joint venture by Hollard Insurance and FirstRand (WesBank), called Newco, to provide vehicle financing, as well as insurance and noninsurance motor value-added products (VAP). While the matter was heard on Wednesday, judgment was held over to Thursday to... 

Competition Tribunal approves Wesbank, Hollard JV

Tribunal chair urges caution on potential Competition Act transgressions

By: Natalie Greve     28th October 2015 Competition Tribunal chairperson Norman Manoim has urged chartered secretaries and compliance officers to exercise caution during their governance of a company’s corporate activity, telling the Chartered Secretaries Southern Africa’s seventh yearly Corporate Governance Conference, on Wednesday,... 

Tribunal chair urges caution on potential Competition Act transgressions

Sasol submits affidavit to Constitutional Court

By: David Oliveira     23rd October 2015 Petrochemicals group Sasol submitted an affidavit in August to the Constitutional Court in response to an application made by the Competition Commission in July for leave to appeal the Competition Appeal Court’s (CAC’s) June ruling to overturn a Competition Tribunal finding, which resulted in... 

Totalgaz to buy KayaGas’s LPG assets

By: Megan van Wyngaardt     22nd October 2015 Liquid petroleum gas (LPG) company Totalgaz Southern Africa has signed an agreement to buy LPG bulk and cylinder distribution company KayaGas’s storage, filling and distribution assets. The transaction was subject to the approval of the South African Competition Commission. KayaGas, under a new... 

IPPs could have legal case for lack of grid access – Competition Commission 

By: Natalie Greve     20th October 2015 Independent power producers (IPPs) active in South Africa could well have a legal case against energy utility Eskom, should the parastatal be found to have breached the ambits of the Competition Act by denying them access to the national electricity grid to distribute power to third parties, the... 

IPPs could have legal case for lack of grid access – Competition Commission

Competition Commission appoints new enforcement head

By: Natalie Greve     20th October 2015 Taking over from Junior Khumalo, who has resigned to take up a role at the Independent Communications Authority of South Africa, Nompucuko Nontombana has been appointed as the Competition Commission’s enforcement and exemptions division’s manager, with effect from October 16.   Nontombana has... 

Commission extends completion date of healthcare market inquiry by a year  

By: Natalie Greve     16th October 2015 The Competition Commission has extended the date by which it plans to complete a market enquiry into the private healthcare industry from November 30, 2015, to December 15, 2016, citing delays in accessing information from certain stakeholders. According to the new timetable published in the... 

Commission extends completion date of healthcare market inquiry by a year   

SAB, AB InBev deal ‘brewing a political headache’ – economist

By: Megan van Wyngaardt     14th October 2015 The proposed R1-trillion takeover of SABMiller by Anheuser-Busch (AB) InBev will not be an easy feat, owing to scrutiny by South Africa’s Competition Commission and attempts by government to secure local ownership, jobs, tax and investment, Nomura International executive director, senior emerging... 

SAB, AB InBev deal ‘brewing a political headache’ – economist

Competition Commission conducts dawn raid at LPG suppliers’ offices 

By: Megan van Wyngaardt     14th October 2015 The Competition Commission on Wednesday conducted a search and seizure, or dawn raid, operation at the premises of various liquefied petroleum gas (LPG) suppliers in Gauteng and the Western Cape. The operation formed part of the commission’s investigation into the alleged fixing of the price or... 

Competition Commission conducts dawn raid at LPG suppliers’ offices

Commission calls for Stefanutti consent agreement to be granted

By: Creamer Media Reporter      12th October 2015 The Competition Commission on Monday asked the Competition Tribunal to confirm a consent agreement for construction firm Stefanutti Stocks, bringing an end to a six-year collusion case. The commission’s case against Stefanutti stemmed from a September 2009 complaint against a number of companies... 

Mozambique seeks to promote business and development with foreign help

By: Keith Campbell     9th October 2015 The first phase of the repair and modernisation of the deep water port of Nacala, in Nampula province in Mozambique, is close to being concluded, the Macauhub news agency has reported. This phase will result in the port having new container and fuel terminals, plus a new harbourmaster’s control... 

S Africa M&A activity surpasses global average

By: Natasha Odendaal     29th September 2015 A new survey has revealed that despite an uncertain economy and plunging business confidence, nearly half of South African businesses have explored merger and acquisition (M&A) opportunities. Auditing and accounting firm Grant Thornton said that, at 49%, the corporate transactions of local... 

Competition Commission extends turnaround time for large M&A applications

By: Natalie Greve     14th August 2015 The Competition Commission has revised its service standards for Phase 3 large mergers and acquisitions (M&A), cautioning stakeholders in a statement on Friday that the turnaround time for these transactions had been extended to 120 business days. Revision of the standards, which set out the... 

Competition Commission extends turnaround time for large M&A applications

Competition Commission further appeals court findings

By: Megan van Wyngaardt     23rd July 2015 The Competition Commission has filed an application with the Constitutional Court for leave to appeal a June decision by the Competition Appeal Court (CAC) to uphold Sasol Chemical Industries’ (SCI’s) appeal against a Competition Tribunal finding, which resulted in SCI being penalised... 

Competition Commission further appeals court findings

Zest WEG receives competition nod for TSS Engineering acquisition

By: Megan van Wyngaardt     22nd July 2015 The Competition Commission has approved electrical and instrumentation solutions provider Zest WEG’s proposed acquisition of automation company TSS Engineering, TSS Transformers and Intertest, without conditions. Post-merger, Zest WEG would have sole control over the companies. Zest WEG... 

Zest WEG receives competition nod for TSS Engineering acquisition

Global steel associations take action against steel oversupply

     10th July 2015 Latin America nonprofit steel organisation Latin American Steel Association (Alacero) in June announced that the global steel industry calls on governments to take action against China’s new steel policy, Steel Adjustment Policy, and overcapacity. The association says there is a strong consensus... 

Global steel associations take action  against  steel oversupply
Photo by Bloomberg
OVERCAPACITY The global steel industry is currently experiencing an oversupply of steel

Competition, collaboration ‘sweet spot’ critical in public procurement policy

By: Natalie Greve     1st July 2015 Some four years after the signing of the Local Procurement Accord, which sketches government’s intention to achieve a 75% localisation spend in the procurement of goods and services, Economic Development Minister Ebrahim Patel has described government’s greatest challenge in executing its local... 

Competition, collaboration ‘sweet spot’ critical in public procurement policy
Economic Development Minister Ebrahim Patel
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