Abuse of dominant position in South African competition law
Loading...
Date
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of Pretoria
Abstract
The Competition Act 89 of 1998 prohibits abuse of its dominance by a firm that is dominant within a specific market. The abuse of dominance prohibitions are set out in section 8 of the Act. This dissertation focuses on section 8(b) which prohibits a dominant firm from refusing to give access to an essential facility that belongs to the dominant firm or to which the dominant firm has access, in circumstances where it is economically feasible for the dominant firm to provide such access. The concept of an “essential facility” is problematic in South African competition law and this dissertation probes into the characteristics of such a facility and the requirements of proving a contravention of section 8(b). A comparative study of the US and EU is undertaken and it is eventually concluded that the South African Competition Authorities should lean more towards the US approach to the essential facilities prohibition.
Description
Dissertation (LLM)--University of Pretoria, 2013.
Keywords
Competition law, South Africa, Abuse, South African Competition Authorities, The Competition Act 89 of 1998, UCTD
Sustainable Development Goals
Citation
Nkuna, IL 2013, Abuse of dominant position in South African competition law, LLM dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/37365>