The article examines the record of abuse of dominance cases in South Africa, after more than a decade of the new competition regime, and in light of international debates in this area. The South African Competition Act identified separate specifically proscribed exclusionary abuses of dominance in 8(d) which on the face of it increases business certainty. However, in practice the interpretation of the provisions have been highly contested as it matters how conduct is characterized, separately from whether the conduct has a substantial anti-competitive effect. Moreover, the South African experience raises the question of whether conduct by a dominant firm which has different dimensions can be readily pigeon-holed in the way anticipated by the legislation. This article critically reflects on the record, against local expectations and the international debates.
World Competition