Enhancing merger control to support economic growth in South Africa

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Authors: Willem H. Boshoff
Cited by: 0

Abstract

Competition policy – and merger control in particular – is an important policy to support productivity and innovation, investment, and long-run economic growth. This paper argues that merger control, when compared to anti-cartel enforcement, has become dominated by discretionary policy preferences fuelled by the expansive ‘public interest’ provisions of the amended Competition Act. Drawing on theoretical and empirical evidence, the paper identifies ministerial discretion, an outsized and opaque role for public interest concerns and the introduction of “vulnerability” as factors that limit the focus of merger control on competition matters.

Fields of Study & Subjects

Merger and Competition Analysis Diverse Legal and Medical Studies Legal and Constitutional Studies

Publication details

Journal / source
ERSA Working Paper Series
Publication date
12 February 2026
Language
EN