- Title
- Examination of the interpretation of public interest considerations: an evaluation of mergers under the Competition Act 1998
- Creator
- Ndiki, Namhla https://orcid.org/0000-0002-3686-4287
- Subject
- Antitrust law
- Subject
- Public interest law
- Date
- 2022-05
- Type
- Master's theses
- Type
- text
- Identifier
- http://hdl.handle.net/10353/28497
- Identifier
- vital:74343
- Description
- The assessment of mergers is firstly whether they will lessen or prevent competition, secondly whether there are any technological or pro-competitive gains justifying an otherwise anticompetitive merger, and lastly whether they are justified on grounds of public interests. Section 12A(3) of the Competition Act states that when determining whether a merger can or cannot be justified on public interest grounds the Competition Commission or the Competition Tribunal must consider several factors. These include: the effect that the merger will have on a particular industrial sector or region, employment, the ability of small businesses or firms controlled or owned by historically disadvantaged persons to enter into, compete, expand in the market, and the ability of national industries to compete in international markets as well as the promotion of a greater spread of ownership, in particular, to increase the levels of ownership by historically disadvantaged persons and workers in firms in the market. Therefore, this study seeks to determine whether courts have brought the public interests principles to bear when interpreting agreements parties enter into to facilitate mergers. To this study, the latter question is important because it seeks to determine whether public interests are given effect to when considering the historical imbalance/context from which South African competition law comes.
- Description
- Thesis (LLM) -- Faculty of Law, 2022
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (viii, 74 pages)
- Format
- Publisher
- University of Fort Hare
- Publisher
- Faculty of Law
- Language
- English
- Rights
- rights holder
- Rights
- All Rights Reserved
- Rights
- Open Access
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Collections
UFH Nelson R Mandela School of Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details | SOURCE1 | Namhla Ndiki Thesis.pdf | 25 MB | Adobe Acrobat PDF | View Details |