Competition Law and Economic Regulation in Southern Africa

Jonathan Klaaren, Isaac Tausha, Tatenda Zengeni, Thando Vilakazi, Imraan Valodia, Nicholas J. Sitko, Witness Simbanegavi, Simon Roberts, Genna Robb, Anthea Paelo

Description

Indexed in Clarivate Analytics Book Citation Index (Web of Science Core Collection)

Tables, figures and boxes

Acknowledgments

Acronyms and abbreviations

Introduction: The development of competition and regulation in southern Africa - Jonathan Klaaren, Simon Roberts and Imraan Valodia

Part One: Cartel Law Enforcement

Chapter 1 Penalties and settlements for South African cartels: An economic review - Tapera Muzata, Simon Roberts and Thando Vilakazi

Chapter 2 Cartel likelihood, duration and deterrence in South Africa - Ratshidaho Maphwanya

Chapter 3 Cartel enforcement in the southern African neighbourhood - Thula Kaira

Part Two: Issues in Competition and Regulation

Chapter 4 Excessive pricing under the spotlight: What is a competitive price? - Reena das Nair and Pamela Mondliwa

Chapter 5 Competition and regulation interface in energy, telecommunications and transport in South Africa - Reena das Nair and Simon Roberts

Part Three Competition and Regulation in Reshaping African Markets

Chapter 6 How multinational investments in grain trading are reshaping Zambia’s market - Nicholas J. Sitko and Brian Chisanga

Chapter 7 Competition and incumbency in South Africa’s liquid fuel value chain - Anthea Paelo, Genna Robb and Thando Vilakazi

Chapter 8 South Africa’s renewable energy experience: Inclusive growth lessons - Gaylor Montmasson-Clair and Reena das Nair

Chapter 9 Competition and regulation in Zimbabwe’s emerging mobile payments markets - Genna Robb, Isaac Tausha and Thando Vilakazi

Chapter 10 Evaluating the competitiveness of Zimbabwe’s poultry industry - Tatenda Zengeni

Conclusion

Chapter 11 Competition, regional integration and inclusive growth in Africa: A research agenda - Simon Roberts, Thando Vilakazi and Witness Simbanegavi

Sujets

• General officer
• Commercial
• Economics
• Business
• LAW
• General
• Company
• Commerce

Informations

• Publié par: WITS University Press
• Date de parution: 04 juillet 2017
• Nombre de lectures: 0
• EAN13: 9781776141685
• Langue: English

Extrait

Competition Law and Economic Regulation
Addressing Market Power in Southern Africa
Edited by Jonathan Klaaren Simon Roberts Imraan Valodia
Published in South Africa by:
Wits University Press
1 Jan Smuts Avenue
Johannesburg, 2001
www.witspress.co.za
Compilation Editors 2017
Chapters Individual contributors 2017
Published edition Wits University Press 2017
First published 2017
978-1-77614-090-9 (print)
978-1-77614-168-5 (EPUB North South America, China)
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the written permission of the publisher, except in accordance with the provisions of the Copyright Act, Act 98 of 1978.
This book is freely available through the OAPEN library ( www.oapen.org ) under a Creative Commons CC-BY-NC-ND 4.0 Creative Commons License. ( https://creativecommons.org/licenses/by-nc-nd/4.0/ ).
Project managed by Inga Norenius
Edited by Lee Smith
Proofread by Inga Norenius
Index by Tessa Botha
Cover design by Hothouse South Africa
Typeset by MPS Ltd
Contents Tables, figures and boxes Acknowledgements Acronyms and abbreviations Introduction: The development of competition and regulation in southern Africa Jonathan Klaaren, Simon Roberts and Imraan Valodia Part One: Cartel law enforcement 1 Penalties and settlements for South African cartels: An economic review Tapera Muzata, Simon Roberts and Thando Vilakazi 2 Cartel likelihood, duration and deterrence in South Africa Ratshidaho Maphwanya 3 Cartel enforcement in the southern African neighbourhood Thula Kaira Part Two: Issues in competition and regulation 4 Excessive pricing under the spotlight: What is a competitive price? Reena das Nair and Pamela Mondliwa 5 Competition and regulation interface in energy, telecommunications and transport in South Africa Reena das Nair and Simon Roberts Part Three: Competition and regulation in reshaping African markets 6 How multinational investments in grain trading are reshaping Zambia s market Nicholas J. Sitko and Brian Chisanga 7 Competition and incumbency in South Africa s liquid fuel value chain Anthea Paelo, Genna Robb and Thando Vilakazi 8 South Africa s renewable energy experience: Inclusive growth lessons Gaylor Montmasson-Clair and Reena das Nair 9 Competition and regulation in Zimbabwe s emerging mobile payments markets Genna Robb, Isaac Tausha and Thando Vilakazi 10 Evaluating the competitiveness of Zimbabwe s poultry industry Tatenda Zengeni Part Four: Conclusion 11 Competition, regional integration and inclusive growth in Africa: A research agenda Simon Roberts, Thando Vilakazi and Witness Simbanegavi Contributors Index
Tables, figures and boxes Table A1.1 Profile of CCSA settlements, 1999-2015 Table 2.1 Overall average percentage responses for survey question 2 Table 2.2 Basic statistics on cartel duration Table 2.3 Comparison of various studies results Table 2.4 Number of firms in cartels prosecuted by the CCSA Table 2.5 Number of firms in and duration of cartels Table 2.6 Industry association involvement Table 2.7 Number of firms in cartels with industry association Table 2.8 Product homogeneity in South African cartels Table 2.9 Product homogeneity and cartel duration Table 3.1 Cartels uncovered in South Africa, 2003-2010 Table 3.2 Cartel legal provisions and enforcement activities of selected countries in southern Africa Table 3.3 Fines meted out by the Tribunal Table 3.4 CCSA risk management and mitigation Table 5.1 REIPPPP tariffs over bidding rounds, in rands per kWh Table 5.2 South Africa s ports tariffs deviation from the global average, 2012 Table 6.1 Interview respondents Table 6.2 Maize, soybean and wheat sales volume and quantities purchased by large-scale traders, 2011/2012 and 2014/2015 Table 6.3 Sales to large-scale trading firms by province, 2014/2015 (%) Table 6.4 Soybean sales quantity by market channel and income quartile, 2014/2015 Table 6.5 Maize sales quantity by market channel and income quartile, 2014/2015 Table 6.6 Cost and margin estimates for maize trading in Zambia in real US$ per tonne Table 8.1 Total MW awarded per technology in the REIPPPP, September 2016 Table 8.2 Economic development criteria and targets set for the REIPPPP Table 9.1 Agents by mobile network operator Table 9.2 Market shares by number of mobile money subscribers, 2012-2015 Table 9.3 MNO market shares by number of registered subscribers, 2010-2015 Table 9.4 MNO market shares by mobile network subscribers, 2015 Table 9.5 Features of mobile money markets in six countries Table 10.1 Cost structure per 2 kg dressed bird, US$, 2012 Table 10.2 Maize imports in tonnes by country, 2009-2012 Table 10.3 Maize prices in US$ per tonne, Zimbabwe and South Africa, 2008-2015 Table 10.4 Maize prices in South Africa and Zimbabwe, 2009-2015 Table 10.5 Concentration and market shares based on monthly sales, 2012 and 2013 Table 10.6 Tariffs on poultry raw materials Table 10.7 Chicken duties under Zimbabwe s trade agreements Table 10.8 Effective rate of protection without adjusting for inputs Table 10.9 Effective rate of protection applying, based on the applicable import, 2009-2012 Table 11.1 Cartels with cross-border effects prosecuted in South Africa Figure 1.1 Number of cartel settlements confirmed by the Tribunal, 2004-2015 Figure 2.1 Criminal decision-making equation Figure 2.2 Drivers of leniency applications Figure 2.3 CCSA survey and my survey comparison Figure 2.4 Drivers of cartel deterrence Figure 2.5 Method of detection frequency Figure 2.6 Enforcement tools leading to cartel detection Figure 3.1 Zapiro, Mail Guardian , 15 November 2007 Figure 5.1 Average electricity prices and increases, 1972-2015 Figure 5.2 Average revenue per tonne for freight rail and road, 2008-2015 Figure 5.3 Fixed broadband internet subscribers per 100 people, 2015 Figure 5.4 South Africa s broadband speeds compared to those in Brazil, China, India, Russia and Turkey Figure 5.5 Prices for fixed broadband, US$, 2014 Figure 5.6 Prepaid mobile prices, US$, 2011-2016 Figure 5.7 Reductions in call termination rates, 2010-2015 Figure 6.1 Zambian wholesale maize price index, 2000-2013 Figure 7.1 Fuel distribution (inland) Figure 8.1 Bid responses, preferred bidders and success rate in the REIPPPP as of September 2016 Figure 8.2 Evolution of REFIT tariffs, 2008-2011, and REIPPPP prices, in R/MWh Figure 8.3 Committed job creation for selected technologies over REIPPPP bidding rounds 1-4 Figure 8.4 Local content requirements and achievements across REIPPPP bidding rounds Figure 9.1 Mobile money market shares in Uganda, Zimbabwe, Kenya, Zambia, Tanzania and Rwanda (%) Figure 10.1 Poultry industry value chain Figure 10.2 Trade balance: Imports and exports, 2000-2014 Figure 10.3 Chicken production, 2007-2015 Figure 10.4 Chicken prices per 2 kg, US$, 2009-2015 Figure 10.5 Comparison of maize prices, US$ per tonne, 2009-2015 Figure 10.6 Regional day-old chick prices in four African countries, 2012 and 2015 Figure 10.7 Operating margins by company, South Africa, 2001-2015 Figure 11.1 Estimated ex-factory cement prices, 50 kg bag, US$ Box 1.1 The CCSA approach to dealing with collusion in construction: The fast-track settlement Box 9.1 Method for sending money over the EcoCash platform
Acknowledgements
This book comprises contributions from active academics and practitioners in the field and we wish to thank each of them for their efforts. We are grateful for their diligent and timely submission of drafts and edits. We are also grateful to all the participants in the African Competition and Economic Regulation conference held in Victoria Falls, Zimbabwe, in March 2015, some of whom presented valuable work that could not be included here. Thanks are also due to our partner in this event, the Competition and Tariff Commission of Zimbabwe. In addition, we wish to thank the Research Project on Employment, Income Distribution and Inclusive Growth (REDI3 3) for supporting the work published in Chapter 8 . We are grateful to Zapiro for permission to reproduce the cartoon in Chapter 3 , as well as the National Research Foundation for funding the rights to the cartoon. The University of Johannesburg s Research Committee and the National Research Foundation supported the publication of the book as a whole. Finally, we appreciate and wish to acknowledge the careful and professional work of the Wits University Press team.
Jonathan Klaaren
Simon Roberts
Imraan Valodia
Acronyms and abbreviations ACER Annual Competition and Economic Regulation BLNS Botswana, Lesotho, Namibia, Swaziland CAC Competition Appeal Court CCC Complaints and Compliance Committee CCRED Centre for Competition, Regulation and Economic Development CCSA Competition Commission of South Africa CLP Corporate Leniency Policy Comesa Common Market for Eastern and Southern Africa CSP concentrated solar power DoE Department of Energy DPE Department of Public Enterprises dti Department of Trade and Industry EC European Commission ERP effective rate of protection ESI electricity supply industry EU European Union FRA Food Reserve Agency GM genetically modified GTAZ Grain Traders Association of Zambia Icasa Independent Communications Authority of South Africa IPP independent power producer ISMO Independent Systems and Market Operator LLU local loop unbundling LRCE long-run competitive equilibrium MFN most favoured nation MMT mobile money transfer MNO mobile network operator MYPD Multi-Year Price Determination MW megawatt Nersa National Energy Regulator of South Africa NPA National Ports Authority Potraz Postal and Telecommunications Regulatory Authority of Zimbabwe PPA power purchase agreement R D research and development RAS Regulatory Accounting System RBZ Reserve Bank of Zimbabwe REFIT Renewable Energy Feed-In Tariff REIPPPP Renewable Energy Independent Power Producers Procurement Programme RIA regional integration