The Evolution of Competition Enforcement in South Africa

On 30 August 2019, Patrick Smith contributed to a panel discussing the Evolution of Competition Enforcement in South Africa, as part of the South African Competition Commission’s 13th Annual Competition Conference and its celebration of 20 years of competition policy in South Africa. Patrick joined a panel chaired by William Kovacic, and including the new Competition Tribunal chairperson Mondo Mazwai, Competition Commissioner Tembinkosi Bonakele, Judge David Unterhalter and Nkonzo Hlatshwayo. In particular Patrick discussed a number of economic topics that had been addressed in South African cases, drawing parallels to the tackling of similar topics by competition authorities in other jurisdictions. He also discussed changes in the ways that economic analysis has been undertaken, and presented in expert witness forums. Finally, the panel discussed some of the challenges that are likely to be faced under the application of the recent amendments to the Competition Act.