Competition Commission distorts "public interest" at the expense of the public and the economy
17 November 2023
The arbitrary and capricious abuse of "public interest" considerations by the Competition Commission during mergers is unlawful and causes significant economic harm.
This is the crux of Sakeliga's commentary on the proposed guidelines by the Competition Commission.
According to Sakeliga, the regulations seek to expand measures such as BEE beyond those doing business with the state, by interfering with wholly private transactions.
"The draft guidelines confirm a practice that has emerged within the Commission to enforce government objectives such as BEE on companies under the veil of public interest considerations," explains Tian Alberts, Legal and Liaison Officer at Sakeliga. "Competition law in South Africa is becoming less about competition and more about leveraging regulatory power to interfere in companies' internal affairs and align them with government preferences."