Presentations: Third annual competition conference

DAY 1: 3 SEPTEMBER 2009

Plenary 1: Competition Law, Policy and Economic Development over the past

Speaker Presentation Papers
David Lewis: Gordon Institute of Business Science, South Africa Competition Law, Policy and Economic Development over the past decade: from Competition Law to Competition Policy
Pradeep Mehta: CUTS, India Dimensions of Competition Policy and Law in Emerging Economies
Pradeep Mehta: CUTS, India The Zambian experience of competition law and policy
Josef Drexl: Max Planck Institute for Intellectual Property, Munich Competition Policy in Developing Countries – What Makes it Different from the Developed World?

Parallel 1A: Competition Law and Policy in African countries – roundtable

Speaker Presentation Papers
Peter Muchoki Njoroge: Chairperson, COMESA Competition Commission CLP and Development – The case of the COMESA region
Peter Kanyi: Kenya Overview of Competition Law and Policy in Kenya
Paul Kwengwere: Commissioner, Malawi Competition Commission Malawi Competition Policy and law- an Overview
Godfrey Mkocha: DG/FCC Tanzania Competition Policy and Law in Tanzania
Alex Kububa: Zimbabwe Overview of Competition Policy and Law in Zimbabwe

Parallel 1B: Public interest, small business, and dominant firm conduct

Speaker Presentation Papers
James Hodge, Sha’ista Goga, Tshepiso Moahloli Public interest provisions in the South African Competition Act – A critical review. Public interest provisions in the South African Competition Act- A critical review
Phumzile Ncube and Tamara Paremoer Competition policy and Small Business 10 years later: A review of selected cases Competition policy in SA and small business: A review of enforcement cases1
Louise du Plessis and Lizél Blignaut Staying safe – dominant firms’ pricing decisions in industries where high prices do not attract entry Staying safe – dominant firms’ pricing decisions in industries where high prices do not attract entry

 

1 This is a draft paper and should not be cited without the author’s permission.

Plenary 2: Abuse of dominance

Speaker Presentation Papers
Massimo Motta: ICREA-Univ. Pompeu Fabra and Barcelona GSE Exclusionary practices – theory and practice
Richard Whish: Kings College London Abuse of dominance: South African experience through an EU lens
Bill Kovacic: US Federal Trade Commission US perspectives on the international abuse of dominance debate
Simon Roberts: Competition Commission, South Africa Abuse of dominance in a developing country, reflections on the South African experience

Parallel 2A: Tests for abuse: major cases

Speaker Presentation Papers
Helen Jenkins, Gunnar Niels, Robin Noble South African Airways cases: blazing a trail for Europe to follow? The South African Airways cases
Nicola Theron The effects-based approach to abuse of dominance competition enquiries: the recent BATSA/JTI case The effects-based approach to abuse of dominance competition enquiries: the recent BATSA/JTI case
Stephan Malherbe, Paul Anderson, Fathima Sheik Excessive pricing: quo vadis? Excessive pricing: quo vadis?

Parallel 2B: Telecommunications

Speaker Presentation Papers
Ryan Hawthorne Local loop unbundling versus encouraging the growth of wireless local loops: lessons for South Africa from other countries Local loop unbundling versus encouraging the growth of wireless local loops: lessons for South Africa from other countries
Kasturi Moodaliyar and Keith Weeks A framework for promoting competition in electronic communications: clarifying the role of the Competition Authority and the sector regulator A framework for promoting competition in electronic communications: clarifying the role of the Competition Authority and the sector regulator2
Heather Irvine and Lara Granville Who to call? Concurrent Competition Jurisdiction in the South African Electronic Communications Sector Who to Call? Concurrent Competition Jurisdiction in the South African Electronic Communications Sector

 

2 This article is in draft and should not be quoted without the authors’ permission. The views expressed herein are those of the authors and do not necessarily reflect the views of the institutions of their employ.
DAY 2: 4 SEPTEMBER 2009

Plenary 3: Cartels and Coordination

Speaker Presentation Papers
Tembinkosi Bonakele: Competition Commission, South Africa Evolution of cartel enforcement in South Africa
Joe Harrington: Johns Hopkins University, Baltimore, USA Screening for cartels at public procurement auctions
Kai-Uwe Kuhn: University of Michigan, USA This article is in draft and should not be quoted without the authors’ permission. The views expressed herein are those of the authors and do not necessarily reflect the views of the institutions of their employ.
David Unterhalter SC: University of Witwatersrand, South Africa Corporate leniency and competition law: a view from the South African bar

Parallel 3A: Co-ordination and information exchange

Speaker Presentation Papers
Lesley Morphet and Jason van Dijk Information exchange amongst competitors Information exchange amongst competitors – when is this a contravention of Section 4(1)(b) of the Competition Act
Jocelyn Katz, Marlon Dasarath, Derushka Chetty Crossing the line – anti-competitive information sharing Crossing the line – anti-competitive information sharing
Reena das Nair and Liberty Mncube The role of information exchange in facilitating collusion – insights from selected cases The role of information exchange in facilitating collusion – insights from selected cases

Parallel 3B: Cartels, CLP and private enforcement

Speaker Presentation Papers
Chantal Lavoie South Africa’s corporate leniency policy: a five year review South Africa’s corporate leniency policy: a five year review
Kasturi Moodaliyar, James Reardon, Sarah Theuerkauf The relationship between public and private enforcement in competition law: a comparative analysis of South African, the European Union and Swiss law The relationship between public and private enforcement in competition law: a comparative analysis of South African, the European Union and Swiss law
Patrick Smith The wrong side of the tracks – what are the empirical differences between collusion, parallelism and competition? The wrong side of the tracks – what are the empirical differences between collusion, parallelism and competition?

Plenary 4: Reflecting on the challenges facing competition authorities: prioritisation, market enquiries and impact

Speaker Presentation Papers
John Fingleton: UK Office of Fair Trading Making markets work for consumers: impact and prioritisation
Shan Ramburuth: Competition Commission, South Africa The SA Competition Commission’s strategic planning and prioritisation
Peter Freeman: UK Competition Commission The effectiveness of competition authorities: prioritisation, market inquiries and impact
Dennis Davis: Competition Appeal Court, South Africa A view from the Competition Appeal Court on the development of the SA competition regime
Frédéric Jenny: Supreme Court, France Transnational market sharing and coordination of national competition authorities law enforcement

Parallel 4A: Mergers, coordinated effects and merger remedies

Speaker Presentation Papers
Liberty Mncube, Lindiwe Khumalo and Mfundo Ngobese Do vertical mergers facilitate upstream collusion: evidence from selected cases in South Africa Do vertical mergers facilitate upstream collusion: evidence from selected cases in South Africa
Thamsanqa Kekana The assessment of the likelihood of coordinated conduct arising from cross-ownership and cross-directorship in merger regulation The assessment of the likelihood of coordinated conduct arising from cross-ownership and cross-directorship in merger regulation: Experiences from the Competition Tribunal’s decisions, 1999 – 2009
Hardin Ratshisusu and Grashum Mutizwa The use of behavioural remedies in the review process of vertical mergers in South Africa The Use of Behavioural Remedies in the Review Process of Vertical Mergers in South Africa

Parallel 4B: Competition issues in retail and branding distribution

Speaker Presentation Papers
Adrian Majumdar and Richard Murgatroyd Looking beyond market shares: the theory, evidence and meaning of closeness of competition in the manufacture, wholesale and retail of fast-moving consumer goods in South Africa and Europe Looking beyond market shares: the theory, evidence and meaning of closeness of competition in the manufacture, wholesale and retail of fast-moving consumer goods in South Africa and Europe
Odie Strydom Intrabrand competition – “Get the economics right”. Intrabrand competitive analysis in South Africa: “Get the economics right”
Romeo Kariga and Amos Saurombe Category management and South African competition law Category management and South African Competition Law
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