Competition ACT (No 89 of 1998)

Workshop dates:

Johannesburg:  For future dates email customerservice@norcazacademy.co.za
Durbanville, Cape Town:  For future dates email customerservice@norcazacademy.co.za
Durban North: For future dates email customerservice@norcazacademy.co.za

Course Fee: 

Single: R6,800.00.00 (R7,752.00 incl. VAT)
Group booking of 3 delegates or more:  R5,800.00 (R6,612.00 incl. VAT) per delegate – T&Cs apply.

In-House Training sessions: available on request – send an e-mail with specifications to admin@norcaz.biz 

 

INTRODUCTION

The Competition Act affects nearly every aspect of businesses operating in South Africa and has become more and more important for businesses.  It necessitates a sound understanding of the basic principles as it gives an insight and a good foundation for the regulation of competitive behaviour in terms of the Act.

This workshop aims to assist companies in obtaining a better understanding of how the Act may or may not affect their business.  The Act also provides a framework within which companies can compete against each other, both locally and internationally, which ultimately benefit all through increased product choice and lower prices.  It creates an environment where business is exposed to greater ownership by all players.

Most of the principles of South Africa’s competition law are very similar to those of countries such as Canada, the European Union and the United States.  The Competition Act clearly prevent anti-competitive behaviour such as price-fixing and collusion between competitors, and the miss-use or abuse of dominance.

The Act further provides for merger control rules in terms of which the prior approval of the competition authorities must be obtained for certain mergers and acquisitions.  South African competition law differs from foreign models in that the focus is not purely on competition issues, but also on certain public interest and social goals – such as the promotion of small businesses and the interests of employees.

OUTCOMES

Delegates will be able to understand and apply the basic rules and principles of corporate law with aspectto mergers and acquisitions, statutory competition law, the economics of competition law, restrictive horizontal practices, restrictive vertical practices and abuse of a dominant position. Special attention will also be given to remedies in respect of statutory competition law.

COURSE CONTENT

This course will cover the following aspects of Competition Law and the Competition Act 89 of 1998:

1.        Introduction to Corporate Law, Mergers and Acquisitions 

2.        Introduction to South African Competition Law

3.        Economics of Competition Law

4.        What is the Competition Act?

  • Definitions
  • Interpretation
  • Purpose and application of the Act

5.        What practices does the Act regulate?·

  • Prohibited Practices ·
  • Restrictive horizontal business practices·
  • Restrictive vertical business practices·
  • Abuse of dominance·
  • Exemptions from prohibited practices

6.        Merger Control·

  • Definition of a merger·
  • Merger thresholds·
  • Merger notification·
  • Approval or prohibition of mergers·
  • Merger considerations

7.        Abuse of a Dominant Position

8.        Role of Competition Commission, Tribunal and Appeal Court

9.        Remedies, Enforcement and Penalties

       
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