Prohibited Practices & Exemptions

​​​​​​​​​​​The global anti-trust and competition law landscape, over the last decade, has been marked by amplified enforcement. Prohibited practices, particularly collusive activities, have been a key area of focus for competition regulators in Africa. Prohibited practices generally relate to collusion between competitors, anti-competitive arrangements between suppliers and purchasers, and strategic behaviour which seeks to exclude comp​etitors or prevent competition in a particular market.

The commercial activities which are carefully scrutinised by competition regulators are concerned with conduct relating to an organisation's:

  • interaction with its competitors (horizontal relationship);
  • interaction with its customers and suppliers (vertical relationship); and
  • unilateral conduct by a dominant firm (abuse of dominance).

We assist clients with proceedings before competition regulators in countries throughout Africa and act for clients in settlement matters across a range of industries. We are also leading the way in private enforcement actions and have, recently, represented a damages claimant in what was only the second successful follow-on damages claim brought under a breach of the Competition Act in South Africa.​​

Exemptions

In some jurisdictions, companies may apply for an exemption of agr​​eements and practices that would otherwise constitute a prohibited practice. For instance; in South Africa, a party wishing to apply for an exemption may do so if it can show that the practice or agreement is essential to achieve certain socio-economic and political objectives, is necessary for the exercise of intellectual property rights, or relates to the activities of a professional association.

We are able to:​

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Webber Wentzel > Expertise > Services > Antitrust & Competition > Prohibited Practices & Exemptions
Johannesburg +27 (0) 11 530 5000
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