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Inducement as an abuse of dominance in South African Competition Law
Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2022.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613513932865536 |
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| access_status_str | Open Access |
| author2 | Van Heerden, C.M. (Corlia) |
| author_browse | Van Heerden, C.M. (Corlia) |
| author_facet | Van Heerden, C.M. (Corlia) |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2022. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/101027 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:20.986Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/101027 Inducement as an abuse of dominance in South African Competition Law Van Heerden, C.M. (Corlia) kutalab@yahoo.com Bizana, Kutala UCTD Exclusionary Conduct Competition Law Abuse of Dominance Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2022. Section 8(1)(d)(i) of the South African Competition Act 89 of 1998 prohibits a dominant firm from requiring or inducing its supplier or customer not to deal with a competitor unless there are technological, efficient or other pro-competitive gains that outweigh the anti-competitive effects of the act concerned. The key problem that competition authorities globally are facing, South Africa included is that competition, quite literally, is tantamount to inducement. Every advertising campaign or innovation is aimed at inducing customers or suppliers not to deal with competitors. The critical issue is distinguishing between well-functioning competition and malfunctioning competition. As dealt with in this dissertation, significant research has been conducted and a number of cases have been decided in South Africa to deal with this critical question. This study also considers how the issue of inducement is dealt with in the European Union (EU) and whether there is any guidance that can be taken by South Africa from the manner in which the EU approaches inducement by a dominant firm Private Law LLM (Mercantile Law) Unrestricted Faculty of Laws 2025-02-18T14:31:33Z 2025-02-18T14:31:33Z 2025-05 2022-12-15 Mini Dissertation * A2025 http://hdl.handle.net/2263/101027 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Exclusionary Conduct Competition Law Abuse of Dominance Inducement as an abuse of dominance in South African Competition Law |
| title | Inducement as an abuse of dominance in South African Competition Law |
| title_full | Inducement as an abuse of dominance in South African Competition Law |
| title_fullStr | Inducement as an abuse of dominance in South African Competition Law |
| title_full_unstemmed | Inducement as an abuse of dominance in South African Competition Law |
| title_short | Inducement as an abuse of dominance in South African Competition Law |
| title_sort | inducement as an abuse of dominance in south african competition law |
| topic | UCTD Exclusionary Conduct Competition Law Abuse of Dominance |
| url | http://hdl.handle.net/2263/101027 |