How should young institutions approach competition enforcement? Reflections on South Africa's experience

The South African competition regime established under the Competition Act of 1998 has been acclaimed as a success story of competition policy in an ‘emerging economy’. This paper critically reflects on the South African experience at different levels and draws lessons specifically for the expansion of competition law in Africa. It briefly assesses the record by the main areas of mergers, cartels and abuse of dominance. It then reflects particularly on two strategic areas: a) the importance of prioritisation and proactive analysis of market outcomes, including with regard to making corporate leniency work for prosecution of cartels; and, b) the framework for settlements with companies. It highlights the implications of these areas given the challenges of developing institutional capabilities in African countries.