Publication Date
11-2024
Abstract
This article examines the South African Constitutional Court's decision on the public interest considerations in merger control, specifically concerning employment effects. The case involved Coca-Cola's retrenchments post-merger and the Competition Commission's notice of apparent breach. The Court's ruling clarifies the review standards for regulatory enforcement of merger conditions and the causal link required between a merger and subsequent employment decisions. The commentary highlights the paradox in South Africa's competition law, emphasising employment protection, though well-intentioned, may constrain economic flexibility. It argues that this employment-centric approach can lead to inefficiencies, diminish consumer welfare, and obscure market competitiveness as a public interest.
Recommended Citation
Zongwe, Dunia P. and Gariseb, Adolf N.
(2024)
"Coca-Cola Beverages Africa (Pty) Ltd v. Competition Commission and Another [2024] ZACC 3,"
SAIPAR Case Review: Vol. 7:
Iss.
2, Article 8.
Available at:
https://scholarship.law.cornell.edu/scr/vol7/iss2/8
