Suchergebnisse

This article describes the current Fair Trading Act régime for complex monopoly investigations with particular reference to the Competition Commission's recent SME Banking Inquiry. There then follows a critique of aspects of the process and an outline of the market investigation régime in the proposed Enterprise Act with an assessment of likely changes this will make to investigations of this kind.

On 1 March 2002, the Competition Commission Appeal Tribunals ('the Appeal Tribunals') celebrate the second year of their existence, this being also the second anniversary of the coming into force of the Competition Act 1998 ('the Act') which founds their jurisdiction. In fact the Act had existed in dormant form for some time before this date (it was enacted on 9 November 1998), giving competition practitioners and officials alike ample warning of the main provisions of the new regime. However, as the Appeal Tribunals are an appellate body, their opportunity to play their part in the brave new world of competition law had to await the actions of the administrative bodies, and hence the Appeal Tribunals were not called upon to act until fifteen months into their tenure. Nevertheless, once appraised of appeals they have proceeded to produce a number of final and interlocutory judgments which have established the framework and ground rules for an effective judicial forum.

India after independence planned its economy by way of mixed economic policy. Certain of the important business operations were placed under the monopoly of the Government through Public Sector Undertakings, while other businesses were allowed to be operated by the private players. The Monopolies Restrictive and Trade Practices Act, 1969 (MRTP Act) was used for combating monopolies. However, post-liberalisation era, a broader and progressive legislation that aimed at promoting market competition was felt necessary. After a decade of delay, Competition Act, 2002 passed and MRTP Act was repealed. However, the Competition Commission of India was established on 14th October, 2003 and it started functioning from the year 2009

The South African Competition Commission's merger decisions for fiscal year (FY) 2002 through FY2009 are analysed to empirically identify the factors historically influencing prohibition, conditional approval and unconditional approval, as well as the factors historically influencing whether merger applications are deemed non-complex, complex or very complex. The focus of the analysis is on whether or not the historical process has remained consistent through time, and whether or not that process can be obviously linked to the provisions of the 1998 Competition Act. Initial results point to behaviour that is not consistent over the time period considered; however, those inconsistencies are removed, once additional measures of market contestibility, associated with the 1998 Competition Act are included in the analysis. The final results suggest that the commission is less likely to approve mergers that they link to markets that are less contestable. In addition to protecting competition, the commission is simultaneously protecting other public interests. Therefore, our research supports the hypothesis that the commission consistently applies its legislative remit.