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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Redefining the objectives of South African competition law
Author:Brooks, Pierre E.J.ISNI
Year:2001
Periodical:The Comparative and International Law Journal of Southern Africa
Volume:34
Issue:3
Pages:295-309
Language:English
Geographic term:South Africa
Subject:competition law
Abstract:Competition law is a subject that attracts controversy and dissension. Apart from the litigious confrontations that occur before courts or tribunals, the disputes pertaining to competition law cover a wide range of issues. These include the perennial arguments on its scope, content and relevance in the economic development of a country, and its interface with intellectual property rights, contractual freedom, trade law and industrial policy. One of the most vigorous of the debates relates to the perceived proper objectives of competition law. The complexity and indecisiveness of the latter stems in part from the fusion of economic and legal principles that necessarily shape and underpin competition law, and the particular bias which scholars afford the one or other of those twin components. This article describes the development of competition law in South Africa during the apartheid era, during the transitional period, and in the new political dispensation, and analyses the competition Act 89 of 1998. It shows how the objectives of South African competition law have been influenced by political dispensations and socioeconomic preferences and imperatives. Notes, ref.

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