Professor Willem H. Boshoff, Co-Director of the Centre for Competition Law and Economics, presented his research on the evolution of South African competition policy at the “South Africa at 30 Years of Democracy” conference hosted by SALDRU at the University of Cape Town today.
His paper, titled “Two competing approaches in South African competition policy: a comparative analysis of merger control and anti-cartel enforcement over 25 years,” examines how South Africa’s competition policy has evolved since the Competition Act of 1998.
Professor Boshoff’s research reveals a striking divergence between two core areas of competition policy. He demonstrates that merger control has become increasingly interventionist over the past 25 years, with this trend driven primarily by shifting policy preferences that emphasise public interest considerations and industrial policy objectives over purely competition-based concerns.
In contrast, anti-cartel enforcement has remained more closely aligned with economic evidence, with prosecutions largely driven by prior probabilities rather than shifting policy preferences. This divergence highlights two competing approaches in South African competition policy.
This research contributes valuable insights to ongoing debates about the future of competition policy in South Africa. As policymakers consider reforms to enhance economic dynamism while addressing historical inequalities, Professor Boshoff’s analysis offers a framework for evaluating the trade-offs between different enforcement approaches and their implications for a more competitive and inclusive economy.