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Antitrust and competition

Home/Our Expertise/Practice areas/Antitrust and competition
Antitrust and competition2016-11-17T15:18:43+00:00

We have established ourselves as one of the leading firms in competition economics when it comes to competitive practices and abuse of dominance complaints. Having grown into a leading economics consultancy in the field of competition economics, Econex delivers in-depth reports and analyses on all aspects of competition economics. We have provided expert economic advice to many private firms and for the Competition Commission on various aspects of competition.

We have been closely involved in various MARKET INVESTIGATIONS initiated by the Competition Commission. We advised Shoprite in the Grocery Inquiry, and are advising a large private hospital group in the ongoing Healthcare Inquiry.

We are especially excited that, following on from 15 years of active competition law enforcement in South Africa, the need and scope for the QUANTIFICATION OF FOLLOW ON DAMAGES AND DAMAGES LITIGATION have now arisen. Many private companies that have been affected by an act of abuse of dominance, as well as customers of convicted cartel members, are contemplating damages litigation. The calculation of such damages is a complex exercise and requires advanced economic and statistical skills. We assisted the City of Cape Town in their case against the construction companies following the construction cartel, as well as another large client of the construction companies.

South Africa’s market structure and the dominance of companies that were previously state owned entities (such as Sasol, Telkom and Mittal Steel) can give rise to opportunities for anti-competitive behaviour. Econex is experienced in investigating ABUSE OF DOMINANCE claims. Some clients that we have acted for in this regard include SAA, BATSA, Senwes and Omnia.

We have also advised Parmalat and BATSA on cases of RESTRICTIVE PRACTICES. In the case of Parmalat, the Competion Commission investigated vertical restraints between producers and processors. In the BATSA case the focus was on the vertical restraints between the cigarette manufacturers and the retail distributors.