Competition Law

The law of competition is the body of law aimed at fostering economic competition and eliminating restrictive trade practices for the good of the public (primarily to maximize consumer welfare). It governs the lawfulness of a trader’s competitive conduct vis-à-vis its rivals in the market.

The primary piece of legislation that governs competition law in South Africa is the Competition Act, No. 89 of 1998. The Act governs both vertical and horizontal practices and agreements. While the Act aims to achieve the traditionally accepted competition law goals of lower prices and greater choice for consumers, it also includes broader macro-economic and public interest goals such as the promotion of employment and the expansion of the ownership stakes of historically disadvantaged persons in the economy. The Competition Commission, Competition Tribunal and Competition Appeal Court were established pursuant to the Act.