From monopoly to justice: The (non) evolution of public interest objectives in South African competition law

Abstract

This article examines the historical development and contemporary influence of selected public interest objectives in South Africa’s competition law. It traces the trajectory from colonial and apartheid-era statutes that entrenched monopoly power and excluded black entrepreneurs to the transformative ambitions of the Competition Act 89 of 1998 and its 2018 amendments. The article argues that while public interest provisions were introduced to promote economic inclusion, their implementation has been inconsistent and susceptible to excessive ministerial discretion and conceptual vagueness. A review of case law reveals doctrinal tensions between traditional competition adjudicative frameworks and the Act’s transformative objectives. The article contends that the transformative potential of competition law will remain unrealised unless these tensions are resolved through more explicit interpretive guidance and a principled balancing of public interest factors. It concludes that South Africa’s competition regime must strengthen the adjudicative framework and ensure institutional independence in order to transform competition law from a symbolic policy commitment to a substantive mechanism for advancing inclusive and equitable economic justice.