Dumping The Competition, And Scarring Off Investors: The Impact And Influence Of The South African Anti-Dumping And Competition Measures On Foreign Direct Investment

Abstract

Since the dawn of democracy South Africa has embarked in a process of dismantling protectionist business and trade policies, and made the country’s stream of commerce one of the preferred globally. The country’s sound competition and trade policies, natural resource endowments, market size and regional influence, attracted foreign businesss and foreign direct invetsment (FDI). Equally the country has been under pressure to protect the domestic industries from injurious competition and business, through sector specific laws, anti-dumping and countervailing duties laws, investment and competition regime. The concern has been the likilelihood of the introduction of trade and competition barriers, and the allienation of FDI. This paper critically examines the impact the country’s antidumping and competition law and practice upon foreign direct investment. Domestic industries have never been shy file anti-dumping and anti-competition suits against foreign companies, sometimes even against the public interest outcry. Relevant examples of these suits include the famous Wal-Mart anti-competition case, and recently the Brazilian frozen fowl meat anti-dumping case.