The Swiss and the South African Public Interest Tests in Competition Law - Two Systems compared

This paper will illustrate the South African and Swiss Competition Acts with a specific focus on the public interest consideration common to both. It will investigate if and how political considerations enter into the weighting of the abstract term of public interest and whether South Africa as the...

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Main Author: Frey, Marcel
Format: Dissertation
Language:en
Published: University of Cape Town 2014
Online Access:http://hdl.handle.net/11427/4616
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spelling ndltd-netd.ac.za-oai-union.ndltd.org-uct-oai-localhost-11427-46162020-10-06T05:11:43Z The Swiss and the South African Public Interest Tests in Competition Law - Two Systems compared Frey, Marcel This paper will illustrate the South African and Swiss Competition Acts with a specific focus on the public interest consideration common to both. It will investigate if and how political considerations enter into the weighting of the abstract term of public interest and whether South Africa as the less developed country can learn anything from the Swiss system. In order to arrive at a better understanding of the two countries' systems, this paper will include a short introduction to the historical development of competition law in both countries as well as a description of their respective legislative backgrounds. I will then analyse the various decisions, which have been handed down by the competition authorities, specifically with regard to the public interest grounds inherent in both systems. The thesis will deal mainly with South African merger control cases, where the South African Competition Act expressly requires a balancing of public interest with commercial and competition interests. Unlike the situation in Switzerland, there is an abundance of case law on these issues in South Africa. I will attempt to distil the relevant discernable rules or consistent approaches in both countries' decisions. 2014-07-30T18:13:10Z 2014-07-30T18:13:10Z 2014-07-30 Master Thesis Masters LLM http://hdl.handle.net/11427/4616 en application/pdf University of Cape Town Faculty of Law Department of Commercial Law
collection NDLTD
language en
format Dissertation
sources NDLTD
description This paper will illustrate the South African and Swiss Competition Acts with a specific focus on the public interest consideration common to both. It will investigate if and how political considerations enter into the weighting of the abstract term of public interest and whether South Africa as the less developed country can learn anything from the Swiss system. In order to arrive at a better understanding of the two countries' systems, this paper will include a short introduction to the historical development of competition law in both countries as well as a description of their respective legislative backgrounds. I will then analyse the various decisions, which have been handed down by the competition authorities, specifically with regard to the public interest grounds inherent in both systems. The thesis will deal mainly with South African merger control cases, where the South African Competition Act expressly requires a balancing of public interest with commercial and competition interests. Unlike the situation in Switzerland, there is an abundance of case law on these issues in South Africa. I will attempt to distil the relevant discernable rules or consistent approaches in both countries' decisions.
author Frey, Marcel
spellingShingle Frey, Marcel
The Swiss and the South African Public Interest Tests in Competition Law - Two Systems compared
author_facet Frey, Marcel
author_sort Frey, Marcel
title The Swiss and the South African Public Interest Tests in Competition Law - Two Systems compared
title_short The Swiss and the South African Public Interest Tests in Competition Law - Two Systems compared
title_full The Swiss and the South African Public Interest Tests in Competition Law - Two Systems compared
title_fullStr The Swiss and the South African Public Interest Tests in Competition Law - Two Systems compared
title_full_unstemmed The Swiss and the South African Public Interest Tests in Competition Law - Two Systems compared
title_sort swiss and the south african public interest tests in competition law - two systems compared
publisher University of Cape Town
publishDate 2014
url http://hdl.handle.net/11427/4616
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