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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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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2014
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| _version_ | 1867614273638760448 |
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| access_status_str | Open Access |
| author | Frey, Marcel |
| author_browse | Frey, Marcel |
| author_facet | Frey, Marcel |
| author_sort | Frey, Marcel |
| collection | Thesis |
| 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. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/4616 |
| institution | University of Cape Town (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:49:25.723Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/4616 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 Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Frey, Marcel The Swiss and the South African Public Interest Tests in Competition Law - Two Systems compared |
| thesis_degree_str | Master's |
| title | 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_short | 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 |
| url | http://hdl.handle.net/11427/4616 |
| work_keys_str_mv | AT freymarcel theswissandthesouthafricanpublicinteresttestsincompetitionlawtwosystemscompared AT freymarcel swissandthesouthafricanpublicinteresttestsincompetitionlawtwosystemscompared |