A Case for Public Interest Considerations in Merger Control Analysis with Reference to Competition Law Enforcement in Developing Countries: The Example of South Africa
Published 15 April 2020
This article is written in defense of the diverse policy objectives of competition regimes in relation to merger control in the developing countries of Africa. While appreciating the criticisms, the essay uses South Africa as an example to explain the historical context and justify such a regime. It reviews the extent of PIC in line with the South African merger control regime, analyzes the various arguments for and against the inclusion of PICs in merger control analysis and comes to the conclusion that PICs ought to be considered in developing countries’ merger control as these considerations play a very key role in stabilizing the fragile economy of emerging markets. This essay equally suggests that clear procedures for analyzing the PICs should be adopted and put to paper in order to protect the process from being subjected to regulatory arbitrariness and abuse.
This paper will be part of the second TDM Special Issue on "The African Continental Free Trade Agreement (AfCFTA)". More information here www.transnational-dispute-management.com/news.asp?key=1809