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A comparison of merger regulation in South African and COMESA
Mini Dissertation (LLM)--University of Pretoria, 2015.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2016
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| _version_ | 1867613698079588352 |
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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 | © 2016 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)--University of Pretoria, 2015. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/53134 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:16.658Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| 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:2263/53134 A comparison of merger regulation in South African and COMESA Van Heerden, C.M. (Corlia) KGAPANECOLLEN@GMAIL.COM Kgapane, Collen Evans UCTD Competition Act No. 89 of 1998 National economy Law theses SDG-08 Law theses SDG-17 SDG-08: Decent work and economic growth SDG-17: Partnerships for the goals Mini Dissertation (LLM)--University of Pretoria, 2015. The preamble of the Competition Act No. 89 of 1998 recognises the injustices of the past which resulted in excessive concentrations of ownership and control within the national economy. The Act further provides as its main objective the regulation of trade practices which affect our national economy. Section 12(1)(a) of the Act prohibits any anti-competitive trade practices which are likely to substantially lessen or prevent competition. The Act defines a merger as a process when one or more firms directly or indirectly acquire or establish direct or indirect control over the whole or part of the business of another firm. The Competition Authorities are enjoined to evaluate mergers before they get approved. This is so because once the merger gets approved without being properly assessed the consequences maybe undesirable and anti-competitive. The concept of merger regulation is problematic and in this dissertation I probe into the South African merger regulation regime and compare it with that of Common Market for Eastern and Southern Africa (COMESA). The dissertation will analyse the regulation of mergers in South Africa and COMESA. The dissertation will also look at the shortcomings of merger regulation of COMESA and South Africa. In conclusion it will be argued that even though South Africa is not a member state of COMESA its merger regulation facilities are more fully advanced compared to that of COMESA. Last but not least, an analysis of how proper regulation of mergers can contribute to good economic growth will be undertaken. Mercantile Law LLM Unrestricted 2016-06-14T09:45:08Z 2016-06-14T09:45:08Z 2016-04-14 2015 Mini Dissertation Kgapane, CE 2016, A comparison of merger regulation in South African and COMESA, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/53134> A2016 http://hdl.handle.net/2263/53134 en © 2016 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 Competition Act No. 89 of 1998 National economy Law theses SDG-08 Law theses SDG-17 SDG-08: Decent work and economic growth SDG-17: Partnerships for the goals A comparison of merger regulation in South African and COMESA |
| title | A comparison of merger regulation in South African and COMESA |
| title_full | A comparison of merger regulation in South African and COMESA |
| title_fullStr | A comparison of merger regulation in South African and COMESA |
| title_full_unstemmed | A comparison of merger regulation in South African and COMESA |
| title_short | A comparison of merger regulation in South African and COMESA |
| title_sort | comparison of merger regulation in south african and comesa |
| topic | UCTD Competition Act No. 89 of 1998 National economy Law theses SDG-08 Law theses SDG-17 SDG-08: Decent work and economic growth SDG-17: Partnerships for the goals |
| url | http://hdl.handle.net/2263/53134 |