Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
Comparative appraisal of divestiture as a remedy under the Competition Act 89 of 1998
Mini Dissertation (LLM)--University of Pretoria, 2017.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2018
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613507090907136 |
|---|---|
| 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 | © 2018 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, 2017. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/65677 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:14.671Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2018 |
| publishDateRange | 2018 |
| publishDateSort | 2018 |
| 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:2263/65677 Comparative appraisal of divestiture as a remedy under the Competition Act 89 of 1998 Van Heerden, C.M. (Corlia) biancajmaree@gmail.com Maree, Bianca Joan UCTD Mini Dissertation (LLM)--University of Pretoria, 2017. When competition law is contravened the question inevitably arises as to what would constitute an appropriate remedy and whether such remedy should be structural or behavioural in nature. Especially in the context of merger regulation structural remedies can play a significant role in restoring a market damaged by the anti-competitive effects of a merger to its pre-merger competitive status. It is in this regard that divestiture as a structural remedy is especially useful. In South Africa however divestiture as a remedy has not yet received that much attention and there is a dearth of literature on the topic itself. This dissertation therefore aims to investigate the concept of divestiture as set out in section 60 of the Competition Act 89 of 1998 and examine the cases in which it has been applied (i.e. merger cases and also one prohibited practice case) in order to extract some principles that may aid in understanding the application of the remedy of divestiture better. It also looks at the application of the divestiture remedy in the EU as comparative jurisdiction. Specific attention is also given to the risks associated with the remedy of divestiture and how to best deal with these risks. Finally some conclusions are reached and recommendations are made. Mercantile Law LLM Unrestricted 2018-07-16T07:56:08Z 2018-07-16T07:56:08Z 2018/04/17 2017 Mini Dissertation Maree, BJ 2017, Comparative appraisal of divestiture as a remedy under the Competition Act 89 of 1998, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/65677> A2018 http://hdl.handle.net/2263/65677 en © 2018 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 Comparative appraisal of divestiture as a remedy under the Competition Act 89 of 1998 |
| title | Comparative appraisal of divestiture as a remedy under the Competition Act 89 of 1998 |
| title_full | Comparative appraisal of divestiture as a remedy under the Competition Act 89 of 1998 |
| title_fullStr | Comparative appraisal of divestiture as a remedy under the Competition Act 89 of 1998 |
| title_full_unstemmed | Comparative appraisal of divestiture as a remedy under the Competition Act 89 of 1998 |
| title_short | Comparative appraisal of divestiture as a remedy under the Competition Act 89 of 1998 |
| title_sort | comparative appraisal of divestiture as a remedy under the competition act 89 of 1998 |
| topic | UCTD |
| url | http://hdl.handle.net/2263/65677 |