The paper identifies three issues related to the economics of public interest provisions. Firstly, the paper considers the problem of using public interest provisions as motivation for arbitrary (rather than systematic) interventions in competition cases. The paper relates the problem to broader economic policy uncertainty. Secondly, the paper considers the relationship between public interest objectives and the welfare standard in South African competition cases. Thirdly, the paper considers the analytical requirements for investigating public interest issues, including the need for dynamic rather than static analysis as well as the problem of ‘merger-specificity’, especially in relation to job losses.
Members-only access
To access the full resource, you must be a member. Already a member? Login to unlock.
Login
Not an ACC member?
Gain access to a comprehensive collection of global resources for in-house counsel
Sign up for a 30-day trial
Region:
South Africa
The information in any resource collected in this virtual library should not be construed as legal advice or legal opinion on specific facts and should not be considered representative of the views of its authors, its sponsors, and/or ACC. These resources are not intended as a definitive statement on the subject addressed. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers.