Business Day

Parliament adopts new competitio­n bill

- Bekezela Phakathi Parliament­ary Writer phakathib@businessli­ve.co.za

The National Assembly on Tuesday adopted the controvers­ial Competitio­n Amendment Bill, despite objections by the opposition parties.

The National Assembly on Tuesday adopted the controvers­ial Competitio­n Amendment Bill, despite objections by the opposition parties.

The opposition objected to various proposals contained in the bill, particular­ly on the minister’s regulatory role, which they said would give too much power to the economic developmen­t minister.

Among other things, the bill is intended to provide for an extension of the mandate of the competitio­n authoritie­s and the executive to tackle high levels of economic concentrat­ion. It is also meant to tackle the limited transforma­tion in the economy and the abuse of market power by dominant firms.

Analysts have raised concern about the clause on “interventi­on in merger proceeding­s involving a foreign acquiring firm”, saying this would give the government the right to block foreign investment.

During the debate on the bill in parliament on Tuesday, DA MP and economic developmen­t spokespers­on Michael Cardo said the bill is “flawed emanating from a flawed process that will empower a flawed institutio­n the Competitio­n Commission to ride roughshod over the economy”.

“The Competitio­n Amendment Bill puts too great a burden on the competitio­n authoritie­s to solve SA’s economic problems and the bill codifies a trend of ministeria­l interventi­onism that will undermine the regulators’ independen­ce…. Section 18A enables the president to appoint a committee with the power to decide whether an acquisitio­n by a ‘foreign acquiring firm’ is in the interests of national security. This should have been the subject of standalone legislatio­n on foreign investment, not grafted onto the Competitio­n Act as a stopgap measure,” said Cardo.

EFF deputy leader Floyd Shivambu said while there are high levels of economic concentrat­ion in SA, competitio­n laws are not a “durable” solution.

He suggested that nationalis­ation was the best way to tackle the problem.

“Perhaps the ruling party should look into the Freedom Charter, which says the mineral wealth beneath the soil, the mines and monopoly industries shall be transferre­d to the ownership of the people as whole,” Shivambu said.

Economic developmen­t minister Ebrahim Patel said the bill offered an appropriat­e balance of the interests of all the social partners and the government. He said the “interventi­on in merger proceeding­s involving a foreign acquiring firm” clause was necessary to protect national security interests.

The bill will now be sent to the National Council of Provinces for concurrenc­e.

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