Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
The role of public interest in merger evaluation in South Africa
Mini Dissertation (LLM)--University of Pretoria, 2016.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2016
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613613291732992 |
|---|---|
| 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, 2016. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/57718 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:55.836Z |
| 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:2263/57718 The role of public interest in merger evaluation in South Africa Van Heerden, C.M. (Corlia) Spoelstra, Wilhelmina UCTD merger evaluation competition act competition policy SDG-16: Peace, justice and strong institutions Law theses SDG-16 Mini Dissertation (LLM)--University of Pretoria, 2016. The South African Competition Act, 89 of 1998 (as amended) is written in a way that explicitly acknowledges the importance of public interest and therefore provides a role for the consideration of factors that go beyond the boundaries of competition. This is initially stated in the preamble and purposes of the Act and then stipulated as a specific consideration in the assessment both of exemptions and mergers. This paper looks at the development of South Africa’s Competition policy, where major focus falls on the public interest objectives explicitly included in the Act and decisions in merger review, where public interest issues have materially impacted decisions by competition authorities. The intention of this paper is to study the role of public interest in merger evaluations and to note how traditional competition goals are reconciled with public interest considerations. The content, purpose and potential effect of the draft Guidelines on the assessment of public interest provisions in merger regulation under the Competition Act No 89 of 1998 (as amended) will be deliberated. In addition, this paper will seek to analyse comparative jurisprudence with reference to two other developing countries in relation to their merger evaluation processes. Lastly, this paper will show the importance of the public interest objectives included in the South African Competition Act to South Africa. Mercantile Law LLM unrestricted 2016-11-08T06:40:06Z 2016-11-08T06:40:06Z 2016 2016 Dissertation Spoelstra, W 2016, The role of public interest in merger evaluation in South Africa, LLM Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/57718> S2016 http://hdl.handle.net/2263/57718 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 merger evaluation competition act competition policy SDG-16: Peace, justice and strong institutions Law theses SDG-16 The role of public interest in merger evaluation in South Africa |
| title | The role of public interest in merger evaluation in South Africa |
| title_full | The role of public interest in merger evaluation in South Africa |
| title_fullStr | The role of public interest in merger evaluation in South Africa |
| title_full_unstemmed | The role of public interest in merger evaluation in South Africa |
| title_short | The role of public interest in merger evaluation in South Africa |
| title_sort | role of public interest in merger evaluation in south africa |
| topic | UCTD merger evaluation competition act competition policy SDG-16: Peace, justice and strong institutions Law theses SDG-16 |
| url | http://hdl.handle.net/2263/57718 |