Abstract:
In “‘Dumping’ and the Competition Act of South Africa”, Vinti espouses
that the Competition Commission has jurisdiction over the actions of
extra-territorial parties insofar as such actions involve “prohibited price
discrimination” or “price dumping”. He finds that the Competition Act and
the International Trade Administration Act both bestow jurisdiction over
the matter and hence argues that this would constitute an unfair double
remedy if both authorities were to take action. He therefore proposes, on
the basis of a Memorandum of Agreement that has been concluded
between the Competition Commission and the International Trade
Administration Commission, that either of the Acts should be amended to
ensure that no such double remedies are imposed. Although it is agreed
that such “double remedy”, if applied, would indeed be unfair for several
reasons, this article argues that no such double remedy exists and that,
despite the provisions of the Competition Act, the Competition
Commission has no jurisdiction in matters related to dumping.
