Monday, July 23, 2018

The Implications of Public Interest Considerations in the Interpretation and Application of the Failing-Firm Doctrine in South African Merger Analysis

Ignatious Nzero, University of Pretoria explores The Implications of Public Interest Considerations in the Interpretation and Application of the Failing-Firm Doctrine in South African Merger Analysis.

ABSTRACT: There are two main reasons why the article focuses on the regulation of corporate mergers and acquisitions. Firstly, merger control is central to South African competition law and policy. Secondly, the impact of public interest considerations on the South African competition system is defined more clearly in merger regulation. The Competition Act provides in section 12A(3) an elaborate list of factors that must be taken into account when assessing the public interest component of mergers. Furthermore, provision is made for interventions by interested parties in merger proceedings, which are primarily on public interest grounds. Public interest issues feature more prominently in merger proceedings than any other competition matters.

https://lawprofessors.typepad.com/antitrustprof_blog/2018/07/the-implications-of-public-interest-considerations-in-the-interpretation-and-application-of-the-fail.html

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