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Lexology: Year in Review – merger control issues in South Africa

1 December 2020
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Partners Xolani Nyali and Shakti Wood, wrote the South African chapter of Lexology’s Year in Review on merger control issues.

Competition law in South Africa is regulated by the Competition Act 89 of 1998 (as amended) (Act) and the regulations promulgated in terms of the Act. The Act is enforced by the Competition Commission (Commission), the Competition Tribunal (Tribunal) and the Competition Appeal Court (CAC). The Constitutional Court (CC), as the apex court, also has jurisdiction in certain competition matters.

According to its 2018/19 annual report, the Commission considered 348 mergers and finalised 336 of them. Of the 336 reviewed, 41 mergers were approved with conditions and four were prohibited.