Overview of key developments brought by the Competition Act Pt II

Shoppers PIC: PHATSIMO KAPENG
Shoppers PIC: PHATSIMO KAPENG

In an article entitled ‘Understanding the Concept of Abuse of Dominant Position’ (available online in the Mmegi newspaper of September, Wednesday 26, 2012), Dr Mokubung Ndala Mokubung rightly defined “dominance” and “abuse of a dominant position”.

In respect of the latter, one may appreciate from Mokubung’s article and indeed from the literature in European Union (EU) and South Africa that, the abuse of a dominant position is whereby, an enterprise which is dominant in the market, behaves in a way which lessens or impedes or prevents maintenance of effective competition in a relevant market.

In the US, the abuse of a dominant position is dealt with as monopolisation under Section 2 of the Sherman Act.

Editor's Comment
Inspect the voters' roll!

The recent disclosure by the IEC that 2,513 registrations have been turned down due to various irregularities should prompt all Batswana to meticulously review the voters' rolls and address concerns about rejected registrations.The disparities flagged by the IEC are troubling and emphasise the significance of rigorous voter registration processes.Out of the rejected registrations, 29 individuals were disqualified due to non-existent Omang...

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