SA Comp Pol Slides PDF

Summary

These slides present an overview of South African competition policy. They discuss market concentration, competition law, and merger control. The slides cover historical factors influencing market concentration in South Africa, including mining, government involvement, and racial discrimination. The document also includes details about prohibited practices, abuse of dominant positions, and the role of competition indices like CR4 and HHI in measuring market structure.

Full Transcript

ECON202: MARKET STRUCTURE & MARKET POWER (cont’d) Economic Concentration & Competition Policy in SA Market concentration in SA – historical factors: SA economy’s roots in mining → conglomerates Heavy govt involvement in the economy (parastatals, assistance to industry) Racial...

ECON202: MARKET STRUCTURE & MARKET POWER (cont’d) Economic Concentration & Competition Policy in SA Market concentration in SA – historical factors: SA economy’s roots in mining → conglomerates Heavy govt involvement in the economy (parastatals, assistance to industry) Racial discrimination (land, enterprise, labour) Inward-looking policies & market isolation Small market size → concentration levels for SA industries are high i.e. many sectors dominated by a few big firms Competition law & authorities in SA: Competition Act (No. 89 of 1998) → Competition Commission www.compcom.co.za → Competition Tribunal www.comptrib.co.za → Competition Appeal Court www.compcom.co.za/the-competition-appeal-court-rules/ Prohibited practices (Chp 2 of Act) Restrictive horizontal practices prohibited (firms sell similar product) → must not prevent/lessen competition → no price fixing no dividing markets Restrictive vertical practices prohibited (1 firm supplies other firm input) → must not prevent/lessen competition → no minimum resale P Abuse of a dominant position e.g. → excessive P → require/induce supplier or customer to not deal with competitor → refuse to give competitor access to essential facility when economically feasible to do so Firm is considered ‘dominant’ in mkt if: has at least 45% of mkt has at least 35% but less than 45%, unless it can show it does not have mkt power has less than 35% but has mkt power Merger Control (Chp 3 of Act) Horizontal / Vertical mergers above a threshold need to notify Comp Comm. Competition Commission will consider: → prevent/lessen competition? → technological, efficiency or other pro-competitive gain? → public interest grounds? South African competition policy: main goal: free & competitive business environment (allocative efficiency) also: macro-economic goals / public interest “The purpose of this Act is to promote and maintain competition in the Republic in order – (a) to promote the efficiency, adaptability and development of the economy; (b) to provide consumers with competitive prices & product choices; (c) to promote employment and advance the social and economic welfare of South Africans; (d) to expand opportunities for South African participation in world markets and recognise the role of foreign competition in the Republic; (e) to ensure that small and medium-sized enterprises have an equitable opportunity to participate in the economy; and (f) to promote a greater spread of ownership, in particular to increase the ownership stakes of historically disadvantaged persons.” Economic framework Structure-conduct-performance (SCP) Analytical approach *1* Correct definition of mkt. → product mkt → geographical mkt Defn too broad → underestimate concentration Defn too narrow → overestimate concentration Concentration Levels Indicate market power of firms How to measure for competition policy purposes? Concentration indices measure: → scarcity of firms → inequality in size of firms Four-firm concentration ratio (CR4) shows how much of an industry is dominated by the biggest 4 firms. e.g Sales Firm 1 R150m Firm 2 R100m Firm 3 R80m = R400m Firm 4 R70m Firms 5-25 R50m TOTAL R450m CR4 = R400m ⇒ 88.9% R450m Problem: 2 industries with same CR4 can behave differently due to firms not taken into account. Herfindahl-Hirschmann index (HHI) HHI = sum of squared market shares for all firms in market e.g. 5 firms prior to merger: Firm 1 - 40% of market Firm 2 - 30% Firm 3 - 20% Firm 4 - 9% Firm 5 - 1% HHI = (402 + 302 + 202 + 92 + 12) = 2982 ⇒ Now assume 3 & 4 merge: Firm 1 - 40% Firm 2 - 30% Firm 3 - 29% Firm 4 - 1% HHI = 3342 HHI varies from near zero (perfect comp) to 10 000 (monopoly) American merger guidelines: 0 → 1000 = unconcentrated mkt 1000 → 1800 = moderately concentrated 1800+ = concentrated Barriers to entry Threat of entry disciplines firms Developing countries → govt regulation ⇒ competition policy should focus on removing barriers

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