n Without Prejudice - Unnecessary : competition law

Volume 8, Issue 10
  • ISSN : 1681-178X



In its second draft of the Competition Amendment Bill, the Department of Trade and Industry (dti) proposes to regulate the conduct of complex monopolies. These are sectors in which at least 75% of the goods or services in a market are supplied to, or by, five or fewer firms. It is a complex monopoly if any two or more such firms are shown to conduct their business affairs in a conscious parallel, or co-ordinated manner, without agreement between themselves and that conduct substantially prevents or lessens competition, without any efficiency gains outweighing the anti-competitive effects.

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