Fourth Competition Law Conference

The Fourth Annual Competition Commission, Competition Tribunal
and Mandela Institute Conference on Competition Law, Economics and Policy in South Africa

Date: 2 September 2010
Venue: Chaisty Teaching and Conference Centre, Oliver Schreiner School of Law Building,
University of the Witwatersrand, West Campus

Session 1A: Cartels

Session 1B: Abuse of dominance

Regulatory standards as a means of creating a barrier to entry: The case of the Competition Commission and Netstar Vehicle Tracking
Paper by: Christopher Gibson and Lorna-Lee De Bruyn, Wits
When does import parity pricing constitute an abuse, and where it does how can the abuse be remedied?
Paper by: Richard Murgatroyd and Simon Baker, RBB
Do Cartelists Change Behaviour Post-Investigations?
Paper by: Nompucuko Nontombana and Itumeleng Lesofe, Commission
Using profitability measures in competition policy analysis in South Africa
Paper by: Andrew Sylvester, Commission
Cover pricing in the construction industry: Understanding the practice within a competition context.Paper by: Junior Khumalo, Yongama Njisane, Pamela Nqojela, Commission The use of profitability analysis by competition authorities
Paper by: Antony Felet and Thabelang Moiloa, Genesis
Continuing Cartel Infractions: Drawing the LinePaper by: Neil Mackenzie and Stephen Langbridge, Bell Dewar
Chair: Tembinkosi Bonakele
Discussant: Heather Irvine, Deneys Reitz
Chair: Keith Weeks
Discussant: David Lewis, GIBS

Session 2A: Penalties

Session 2B: Mergers

The dichotomy between the penalty regime in competition law and the firm’s ability to pay: South Africa’s experiencePaper by: Londiwe Senona, Tribunal Some observable legal anomalies in respect of merger notification, group restructures and similar changes in control
Paper by: Chris Charter, Cliffe Dekker Hofmeyr
Are antitrust fines excessive, to the detriment of the companies concerned and consumers in general?
Paper by: Gilbert Muzata and Kholiswa Mnisi, Commission
Theory and practice in the use of merger remedies: Considering South African experience
Paper by: Avias Ngwenya and Genna Robb, Commission
Administrative penalties: Impact and AlternativesPaper by: Jason Aproskie, Sha’ista Goga, Genesis Remedy Design and Application in South Africa
Paper by: Laurie Binge, Econex
Collective Consumer redress in Competition Law Paper By: Kasturi Moodaliyar and James Reardon
Chair: Maarten van Hoven
Discussant: Massimo Motta, Barcelona
Chair: Norman Manoim, Tribunal
Discussant: Lizel Blignaut, ENS

Session 3A: Exclusionary Abuse

Session 3B: Competition Policy & Development

The assessment of joint purchasing agreement: Can too much “buying power’ ever be a problem?
Paper by: Paul Anderson and Fatima Fiandeiro, Genesis
A dual language in modern competition law? “Efficiency approach” versus “development approach” and implications for developing countries
Paper by: Mor Bakhoum, Max Planck
Developing a methodology for assessing restraints within dual distribution systems in competition law complaints in South AfricaPaper by: Rosalind Lake, Deneys Reitz A more effective efficiency
Paper by: Michelle Le Roux, Group 621
Vertical integration and the refusal to supply scarce goods – a legal and economic framework for analysis of prohibited practices
Paper by: Lizel Blignaut, Louise du Plessis and Judd Lurie, ENS
An essay on a competition law transplant
Paper by: Giampaolo Garzarelli, Wits
Disappearance of independent retailers in South Africa: The waterbed and spiral effects of bargaining power
Paper by: Mfundo Ngobese and Thabelo Ravhugoni, Commission
Chair: Wendy Mkwananzi
Discussant: Jim Fairburn, UKZN
Chair: Oupa Bodibe
Discussant: Marc Schroeder, Swiss Competition Commission

Session 4A: Telecomms, Broadcasting

Session 4B: Market Definition

Two sided markets – an application to mobile termination markets in SA
Paper by: Nicola Theron and Johann van Eeden, Econex
Antitrust market definition: Rationale, challenges and opportunities in South African competition policy
Paper by: Willem Boshoff, Econex
Ex Ante implementation of competition economics and law in South Africa: The case of regulating call termination services
Paper by: Pieter Grootes, ICASA
Dominance test: A superfluous jurisdictional hurdle?
Paper by: Desmond Rudman and Sima Ostrovsky, WWB
Tariff-mediated network effects in the fixed telecommunications sector in South Africa
Paper by: Ryan Hawthorne, Neotel
Countervailing power, bargaining power and market definition: A reflection on two mergers
Paper by: Catherine Corbett, Reena Das Nair and Simon Roberts, Commission
Economic quantification within the black letter of the law
Paper by: Patrick Smith, NERA
Chair: Rietsie Bandenhorst
Discussant: Thamsanqa Kekana, Telkom SA Ltd
Chair: Yasmin Carrim
Discussant: Iestyn Williams, RBB
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