Regulating for Rivalry in Africa – the development of competition regimes

Regulating for Rivalry in Africa assesses the development of competition regimes in Africa through a combination of chapters which give in-depth assessments of countries’ experiences. The insights in this book combine critical analysis with insider knowledge on competition enforcement in Africa. This volume makes an important contribution in assessing how the competition regimes are functioning in practice against the challenges involved and the emerging competition dynamics which have arisen as markets have evolved. The book includes reviews of the Kenya, Zambia and Common Market for Eastern and Southern Africa competition authorities, and tackles contemporary issues such as buyer power and digitalisation. It covers competition in agri-food markets, which are of critical importance given shocks from COVID-19, the Russia-Ukraine war and climate change. This book presents extraordinary research, insights and new learning on developing competition regimes in Africa. It is full of ideas and creative thinking in neglected corners. The book is important for policymakers, enforcers, lawyers, economists, academics and students trying to understand the barriers to effective competition facing people in developing countries and how to overcome them.                                         Eleanor Fox, Walter J. Derenberg Professor of Trade Regulation Emerita, New York University School of Law The combination of contributions from current and former senior competition enforcers, in-depth analysis of specific cases, and assessment of cross-cutting issues makes this an invaluable resource on the development of competition authorities in Africa. Highly recommended to understand the diversity of experiences and the critical issues in competition law in Africa.                                                                           Frédéric Jenny, Professor of Economics, ESSEC Business School Paris, and chairman of the OECD Competition Committee (1994-2024) Cross border markets characterised by fair competition are essential for regional integration and development. This book critically engages with the key questions at the interface of competition and development and is a must read for all those wishing to make an impact in the lives of people through competition enforcement. Willard Mwemba, CEO COMESA Competition Commission    

Chapter 1: The development of competition regimes in Africa

Chapter 2: The making of a competition agency: lessons from the Competition Authority of Kenya’s development from inception to enforcement

Chapter 3: The fight against cartels in Zambia – challenges and successes

Chapter 4: Competition in the AfCFTA: facing up to the core challenges of mergers and cartels?

Chapter 5: “Buyer Power” in emerging markets: Assessing the effective ness of regulatory and enforcement developments in South Africa and Kenya

Chapter 6: New thinking in competition regulation: adjusting law and enforcement to address challenges of African markets

Chapter 7: Exploring a broader application of the ‘substantial lessening of competition’ (SLC) standard: A South African perspective

Chapter 8: Cartels under scrutiny

Chapter 9: Developing thinking in merger assessment: reflections from recent UK experience

Chapter 10: Competition issues and regional integration in soybean and animal feed to poultry markets, within and across Kenya, Malawi and Zambia

Chapter 11: Competition and the challenges of inclusive economic development: an apparent margin squeeze in poultry farming in Malawi

Chapter 12: An analysis of competition dynamics in South African digital markets for
travel and tourism

Chapter 13: The other platforms, the other consumers: the missing bottom in the South African digital platforms policy debate

Chapter 14: Is the introduction of competition between stock exchanges a good idea?

Chapter 15: Foodtech business models: Insights from micro and small enterprises in South

About the authors

Index

Professor Reena das Nair is acting Executive Director of the Centre for Competition, Regulation and Economic Development (CCRED) and Associate Professor and Programme Coordinator in the Master of Commerce in Competition and Economic Regulation programme at the University of Johannesburg, South Africa. Prior positions include: Programme Manager: Industrial Policy at Trade and Industrial Policy Strategies (TIPS); and, Principal Economist at the Competition Commission of South Africa where she undertook investigations and economic analysis in mergers, abuse of dominance and cartel cases. Reena provides training and capacity building for regulators and competition law and economics professionals in Southern and East Africa. Her areas of research interest include competition dynamics in the grocery retail sector; and domestic, regional and global value chains in agriculture and agro-processing (with a focus on barriers to entry for SMMEs). Reena holds a Ph.D (Economics) from the University of Johannesburg and a MCom (Economics) from the University of the Witwatersrand, South Africa. She has published widely, including in the International Review of Applied Economics, Development Southern Africa and the Journal of Energy in Southern Africa.
She has also co-authored chapters in Oxford University Press, Cambridge University Press, HSRC Press and Wits University Press book publications.

Professor Jonathan Klaaren is Professor and former Dean of the School of Law at the University of the Witwatersrand, Johannesburg. He teaches, researches, and writes in the areas of human rights, law, and sociology, having written over forty peer-reviewed publications and co-written several books. His current research interests are in the legal profession, regulation and human rights, transparency, and sociolegal studies in Africa. He has served on a number of editorial committees and boards including those of the South African Journal on Human Rights, Law & Society Review, and Law & Policy. He holds a Ph.D in sociology from Yale University and law degrees from Columbia (JD) and Wits (LLB). He served as Dean of the Wits Law School from 2010 to 2013 and as Director of the School’s Mandela Institute from 2005 to 2007. Beyond his permanent appointment in the Law School, he holds an additional appointment as a Visiting Professor in the Faculty of Humanities and works with the Wits Institute for Social and Economic Research (WiSER).

Professor Simon Roberts is a professor at the University of Johannesburg and at the School of Oriental and African Studies, University of London, and the lead researcher of the African Market Observatory at the Centre for Competition, Regulation and Economic Development at University of Johannesburg. He has been an economics director at the UK’s Competition and Markets Authority and the Chief Economist and Manager of the Policy & Research Division at the Competition Commission of South Africa. Prior to joining the Competition Commission, he was Associate Professor of Economics at the University of the Witwatersrand. In addition, Simon has consulted extensively on competition matters over the past 15 years and has been an expert witness in a number of major cases. Simon holds a Ph.D from University of London (Birkbeck College), MA from University of East Anglia, and BA (Hons) from Oxford University.