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Abuse of dominant position in South African competition law
Dissertation (LLM)--University of Pretoria, 2013.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2014
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| _version_ | 1867613494729244673 |
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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 | © 2013 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 | Dissertation (LLM)--University of Pretoria, 2013. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/37365 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:02.876Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| 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:2263/37365 Abuse of dominant position in South African competition law Van Heerden, C.M. (Corlia) none Nkuna, Ignatius Lebogang Competition law South Africa Abuse South African Competition Authorities The Competition Act 89 of 1998 UCTD Dissertation (LLM)--University of Pretoria, 2013. The Competition Act 89 of 1998 prohibits abuse of its dominance by a firm that is dominant within a specific market. The abuse of dominance prohibitions are set out in section 8 of the Act. This dissertation focuses on section 8(b) which prohibits a dominant firm from refusing to give access to an essential facility that belongs to the dominant firm or to which the dominant firm has access, in circumstances where it is economically feasible for the dominant firm to provide such access. The concept of an “essential facility” is problematic in South African competition law and this dissertation probes into the characteristics of such a facility and the requirements of proving a contravention of section 8(b). A comparative study of the US and EU is undertaken and it is eventually concluded that the South African Competition Authorities should lean more towards the US approach to the essential facilities prohibition. gm2014 Mercantile Law unrestricted 2014-04-01T12:15:16Z 2014-04-01T12:15:16Z 2013-09-04 2013 Mini Dissertation Nkuna, IL 2013, Abuse of dominant position in South African competition law, LLM dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/37365> F13/9/821/gm http://hdl.handle.net/2263/37365 en © 2013 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 | Competition law South Africa Abuse South African Competition Authorities The Competition Act 89 of 1998 UCTD Abuse of dominant position in South African competition law |
| title | Abuse of dominant position in South African competition law |
| title_full | Abuse of dominant position in South African competition law |
| title_fullStr | Abuse of dominant position in South African competition law |
| title_full_unstemmed | Abuse of dominant position in South African competition law |
| title_short | Abuse of dominant position in South African competition law |
| title_sort | abuse of dominant position in south african competition law |
| topic | Competition law South Africa Abuse South African Competition Authorities The Competition Act 89 of 1998 UCTD |
| url | http://hdl.handle.net/2263/37365 |