Fourth Competition Law Conference

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
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 Line

Paper 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 experience

Paper 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 Alternatives

Paper 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 Africa

Paper 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