The impact of competition law remedies on public interest

Jonathan Klaaren, Karissa Moothoo Padayachie and Olwethu Shedi

Development Southern Africa, 2025, vol. 42, issue 2, 251-274

Abstract: Public interest considerations have gained increased prominence within South Africa’s competition regime. The Competition Act’s merger regime now also includes provisions related to enhancing the economic participation of SMEs and HDPs as well as to creating employee share ownership schemes (ESOPs). Despite this, there is limited research evaluating whether public interest conditions have been able to achieve their desired/intended impact or the rationale behind the selection of remedies. This paper attempts to fill this gap by drawing on fieldwork interviews and data. We examined more closely the choice of public interest remedy and the factors which informed this choice. We found that while the competition authorities were initially conservative in their approach to the application of public interest remedies, this has shifted to be more interventionist. We have identified several common issues which arose though our fieldwork interviews and make key recommendations that should be of contemporary policy interest to the competition law and policy practicing community.

Date: 2025
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DOI: 10.1080/0376835X.2025.2503147

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