Collaboration or destruction? Competition Law and Small and Medium Enterprises

Abstract

One of the goals of competition law is to establish a fair level playing field where large and small businesses may compete effectively. Competition policy looks into measures to strengthen fair competition in addition to sustaining it. Anti-competitive practices and unfair competition are intended to be discouraged through competition regulation. This is especially relevant when it comes to the relationship between Small and Medium Enterprises (SMEs) and large businesses. The objective of SMEs’ equal participation in the economy has been emphasized by the South African competition law, which has cited the importance of SMEs as one of its objectives to protect and encourage the development of SMEs. Due to the importance of SMEs to economic growth and in light of the South African Competition Act, regulators are encouraged to support SMEs. This dissertation will give a brief history of South African competition law, the growth of SMEs within South Africa’s context, and the interplay between SMEs and competition policy and law. The pertinent provisions regulating competition that benefit SMEs as well as the main provisions of South African competition law that address SMEs' needs, will also be covered. The main aim of this dissertation will be to examine the evolution of South Africa’s competition legislation and how South African competition law supports SMEs. Additionally, a comparative jurisprudence analysis of Singapore in relation to SMEs will be examined. Finally, the dissertation aims to conclude whether the provisions in South African competition legislation enable increased competitiveness of SMEs.