Public Interest Considerations In The South African Anti-Dumping And Competition Law, Policy, And Practice

Abstract

The paper addresses the delicate issue of public interest considerations when determining anti-dumping, competition, and investment measures to balance it with the interest of other interested parties in South Africa. It is particularly argued that the South African anti-dumping legislation must be amended as to clearly mandate the consideration of public interest when imposing an anti-dumping (or safeguard measure). Also, it is argued that the foreign direct investment regime must take into account policy considerations such as black economic empowerment in the public interest.  The South Africa’s competition legislation will be used as an example of the level of convergence that may be achieved having regard to the non-competition factors incorporated in the legislation and potential or perceived difficulties in reconciling a competition analysis with a public interest analysis.