Fairness and Equity in South African Competition Law: A New Direction

Abstract The purpose of the South African Competition Act is to resolve the present problems of inequality by emphasizing its multiple goals, which differ from those of other countries. Its objectives broadly contain efficiency, state economic development and consumer welfare. In addition, the ideas of providing opportunities for small businesses and promoting a greater spread of ownership among different groups indicate its goal of favouring or protecting weak trading parties or certain groups of people. To achieve the aim of equity and fairness, South African competition law should be vigorously applied, but the existing substantive provisions may not fulfil the task of moving towards an equal and fair society. A comparative study of competition law may help to discover a proper model and a better solution for the problems of unequal economic power in South Africa.