The role of public interest in merger evaluation in South Africa

dc.contributor.advisorVan Heerden, C.M. (Corlia)
dc.contributor.postgraduateSpoelstra, Wilhelmina
dc.date.accessioned2016-11-08T06:40:06Z
dc.date.available2016-11-08T06:40:06Z
dc.date.created2016
dc.date.issued2016
dc.descriptionMini Dissertation (LLM)--University of Pretoria, 2016.en_ZA
dc.description.abstractThe South African Competition Act, 89 of 1998 (as amended) is written in a way that explicitly acknowledges the importance of public interest and therefore provides a role for the consideration of factors that go beyond the boundaries of competition. This is initially stated in the preamble and purposes of the Act and then stipulated as a specific consideration in the assessment both of exemptions and mergers. This paper looks at the development of South Africa’s Competition policy, where major focus falls on the public interest objectives explicitly included in the Act and decisions in merger review, where public interest issues have materially impacted decisions by competition authorities. The intention of this paper is to study the role of public interest in merger evaluations and to note how traditional competition goals are reconciled with public interest considerations. The content, purpose and potential effect of the draft Guidelines on the assessment of public interest provisions in merger regulation under the Competition Act No 89 of 1998 (as amended) will be deliberated. In addition, this paper will seek to analyse comparative jurisprudence with reference to two other developing countries in relation to their merger evaluation processes. Lastly, this paper will show the importance of the public interest objectives included in the South African Competition Act to South Africa.en_ZA
dc.description.availabilityunrestricteden_ZA
dc.description.degreeLLMen_ZA
dc.description.departmentMercantile Lawen_ZA
dc.identifier.citationSpoelstra, W 2016, The role of public interest in merger evaluation in South Africa, LLM Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/57718>en_ZA
dc.identifier.otherS2016en_ZA
dc.identifier.urihttp://hdl.handle.net/2263/57718
dc.language.isoenen_ZA
dc.publisherUniversity of Pretoriaen_ZA
dc.rights© 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.en_ZA
dc.subjectUCTDen_ZA
dc.subjectmerger evaluation
dc.subjectcompetition act
dc.subjectcompetition policy
dc.subject.otherSDG-16: Peace, justice and strong institutions
dc.subject.otherLaw theses SDG-16
dc.titleThe role of public interest in merger evaluation in South Africaen_ZA
dc.typeDissertationen_ZA

Files

Original bundle

Now showing 1 - 1 of 1
Loading...
Thumbnail Image
Name:
Spoelstra_Role_2016.pdf
Size:
2.8 MB
Format:
Adobe Portable Document Format
Description:
Mini Dissertation

License bundle

Now showing 1 - 1 of 1
Loading...
Thumbnail Image
Name:
license.txt
Size:
1.75 KB
Format:
Item-specific license agreed upon to submission
Description: