Competition Commission: A Record of Successes Despite Unfair Criticism

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Competition Commission: A Record of Successes Despite Unfair Criticism
Competition CommissionSouth AfricaAntitrust
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A recent article criticizes the Competition Commission and its commissioner, Doris Tshepe, relying on anonymous sources and alleging negligence and underperformance. This contradicts the commission's proven successes, including its recent actions against Johnson & Johnson's monopoly drug for tuberculosis and its investigation into digital platform exclusion.

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.Competition policy seeks to ensure that markets are competitive, open and not subject to undue power by dominant firms. For this reason, it attracts much controversy and debate, as it should be.

In July 2023, the commission completed its first market inquiry into digital platforms conducted in line with the amendments to the Competition Act. Small distributors in townships provided evidence of how they were excluded from markets. The inquiry put in place remedies aimed at promoting inclusion and participation in the digital economy by new players and historically disadvantaged people. Google agreed to alter its search page to promote South African platforms. Booking.

These achievements are the result of a professional, highly motivated and skilled staff complement, who deal with some of the most challenging parts of our law, and often where litigants against commission decisions are well-resourced. The characterisation of low staff morale is clearly at odds with the facts.

These allegations were dealt with at the time to the satisfaction of the then minister, Ebrahim Patel. The article repeats the Sunday World claims published 10 months ago regarding conflict of interest, and bases this on the fact that the commission had briefed advocate Ngwako Maenetje, the commissioner’s partner, as counsel in certain competition matters.Maenetje is a senior counsel practising at the Johannesburg Bar since 2000.

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