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Published online by Cambridge University Press: 12 May 2022
Chapter 11 offers a perspective from South Africa. In South Africa the pursuit of distributive justice is eminently permissible, if not compelled, by South African competition law and its unique responsiveness to the issues of distributional equity and fairness. For example, in merger regulation and exemption applications, the Competition Act permits consideration of equity issues such as empowerment, employment and concern for small- and medium-sized enterprises (‘SMEs’). The authors explore how the Pioneer/Pannar case provides an example of the effort made to take public interest factors and innovation competition into account in merger enforcement.
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