Cmpetition Law

Lexis® Practical Guidance Competition Law is a practical and user-friendly, online tool that offers step-by-step guidance on how to comply with the Competition Act; a critical element of legislation that ensures full and free participation in the economy by all South Africans.

This practice area covers both prohibited practices and merger regulations. It assists users in determining if their conduct falls foul of the Competition Act and provides practical tips on how to avoid non-compliance. With guidance on restrictive practices, abuse of dominance, price discrimination and so much more, users are able to clearly understand what constitutes a notifiable transaction. Further guidance is offered on how to approach with the competition commission authorities if aggrieved by the conduct of others. Valuable insights are offered into what factors are assessed prior to a merger and how to compile a complete merger filing.

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Competition Law. Expert contributors
Rosalind Lake

Director
Norton Rose Fulbright South Africa
Rosalind Lake is director based in Johannesburg specializing in the Competition and Consumer Protection Acts and how they affect business in South Africa. Rosalind has extensive experience in regulatory investigations and carrying out regulatory compliance audits. She is highly skilled in developing and implementing customised compliance programmes and, in particular, training employees on how to comply with the Competition and Consumer Protection Acts and has been recommended by top international research publication Legal500 as ‘very efficient, thorough and knowledgeable’ and having a ‘fine reputation’.

Rosalind heads up the Consumer Protection practice and advises clients on all aspects of the Consumer Protection Act, across all industries, on bringing their practices in line with the requirements of the Act and related sector regulation. This includes marketing practices, contractual review, disclaimer and plain language review, distribution strategies and contracts, promotional competitions and promotional offers, all aspects of franchising, product warranties, product liability and product recall. Rosalind also advises on privacy issues in terms of the Protection of Personal Information Act in relation to marketing practices and customer database management.

She has substantial experience in cartel investigations, particularly in the airline and manufacturing sectors, leniency applications, merger notifications and competition law opinions across all sectors. Rosalind advises clients on merger filings and consumer protection issues across a number of African jurisdictions including COMESA.

Rosalind co-authored the book Understanding the Consumer Protection Act, published by Juta Law in 2012 which focuses on making the contents of the laws understandable and practically enforceable for business and consumers alike. Rosalind is a regular conference speaker, guest speaker and is often interviewed on television and radio as a specialist in Competition and Consumer Protection related topics. She also frequently contributes articles to mainstream, academic and specialist publications on these subjects. Rosalind attended Rhodes University where she obtained her BA and LLB and achieved a position on the Dean’s merit list for both degrees. She also received her Master of Laws (with distinction) from Rhodes University by way of thesis on employment discrimination law. She is an admitted attorney and a member of the Law Society of the Northern Provinces.

Tessa Stuart

Director
Norton Rose Fulbright South Africa
Tessa is a commercial and competition lawyer based in Durban and has a Bachelor of Accounting and an LLB from the University of Stellenbosch. She focuses on mergers and acquisitions, consumer protection, competition law and corporate transactional work and has a broad range of experience in commercial and competition issues. She has been involved in due diligence investigations and mergers and acquisitions of both listed and non-listed companies and has assisted a number of clients in obtaining unconditional merger approval and regularly advises clients on compliance with the Competition Act. She has also assisted foreign clients in setting up subsidiaries in South Africa.

Tessa has a particular interest in the ports, logistics and sugar industries and regularly assists clients with the commercial agreements relating to supply, logistics and warehousing. Her consumer protection experience includes tailor made compliance training for corporates and reviewing agreements in order to ensure compliance with Consumer Protection Act. For the months leading up to the commencement of the Consumer Protection Act, Tessa published a weekly column in the Natal Witness on the implications of the Act for suppliers. She has also published articles on a wide range of issues in Without Prejudice, Property Law Digest, Money Web, Business Day and IT News and the Travel News Weekly. Tessa is a member of the Business Women’s Association of South Africa.

 
Competition Law. Topics Covered

The taxonomy covers 6 main topics, which are Introduction to Competition Law, Prohibited Practices, Merger Control, Leniency, Procedure and International Anti-trust, all of which provide everything you’re looking for in an easy-to read and searchable format.

The full taxonomy covers the following:

  • What is competition law and when does it apply
  • Market definition
  • What is a practice
  • Horizontal restrictive practices
  • Non-compliance with section 4
  • Vertical restrictive practices
  • Minimum resale price maintenance
  • “Rule of reason” practices
  • Rule of reason analysis
  • Non-compliance with section 5
  • Abuse of dominance
  • Exclusionary acts
  • Price discrimination
  • Non-compliance with section 8 or 9
  • Administrative penalties
  • Exemptions
  • What is a merger
  • Types of mergers and notification thresholds
  • Prior implementation
  • Content of a merger filing
  • Merger assessment
  • Possible outcomes of merger assessment
  • The corporate leniency policy
  • The Competition Commission
  • The Competition Tribunal
  • The Competition Appeal Court
  • Complaints
  • Dawn raids and summons
  • Market enquires
  • Confidentiality
  • Getting the deal through guides

 

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