SIYABULELA MAKUNGA | Collaborations on competition law lay groundwork for capacity building

Last week, I reflected on the 25 years of competition law enforcement.

In the same vein, I also touched on the successful 18th annual conference on competition law, economics and policy sharing where delegates discussed how competition law is likely to evolve to address ongoing economic challenges, and the development of new markets.

The need for greater collaboration with the industry and other government agencies emerged as another common thread throughout the pertinent conversations at the conference.

It was encouraging to see that the Competition Commission is already leading the charge with greater collaborative efforts.

On the sidelines of the conference, we formalised a partnership with the Angolan Competition Authority (ACA) and established a framework that will guide bilateral cooperation between us in the fields of competition law, policy, and enforcement.

The commission also renewed and updated its agreement with the National Empowerment Fund (NEF) to increase its collaboration in key areas of economic development and market regulation.

There is so much to gain from learning from the work done by competition authorities in other jurisdictions as well as different government agencies.

What exactly are these two partnerships we signed at the conference about and why do they matter?

The partnership agreement with ACA lays the groundwork for joint training of technical staff, staff exchanges, and secondments.

By doing so, the commission aims to build capacity and share expertise, which will, in turn, enhance our ability to enforce competition laws more effectively locally.

Capacity building is a vital tool through which expertise can be expanded and these types of agreements facilitate platforms through which our staff gain first-hand knowledge and experience of best practices and competition regulation initiatives from around the world.

In particular, this agreement with ACA will enable further collaborations including co-operation on legislative and policy developments and conducting joint research in areas of mutual interest.

These collaborative efforts will strengthen the commission’s enforcement capabilities, enhance the understanding of each other’s legal frameworks, and enable the authorities to address the complex challenges posed by modern economic realities like the African Continental Free Trade Area.

The commission has contributed significantly to the development of competition protocol across the African continent and as a leading voice for competition law, advocacy as a tool for compliance with and awareness of competition law, and the role of public interest in merger assessments, we are impacting the advancement of competition law on the continent.

Therefore, this partnership with ACA is ideal as competition authorities globally navigate changing economic landscapes.

The commission’s posture is consistent with its strategic objectives of ensuring an expansion for SA participation in world markets while recognising the role of foreign competition in our economy.

At the conference, commissioner Doris Tshepe also underscored the importance of authorities to work together to address the needs of developing economies.

Our partnership with the Media Development and Diversity Agency has contributed significantly to creating opportunities and supporting capacity-building for media companies owned by historically disadvantaged persons (HDPs).

Another partnership I believe will deliver such transformation and contribute to a more inclusive economy is our renewed partnership with the NEF.

We have been working closely with the NEF team since 2021, to identify areas of collaboration and the updated agreement signed at the conference further reaffirmed our commitment to collaborate with other government agencies.

In terms of the agreement with NEF, we will exchange market research that will provide insight into areas where comprehensive support is needed to assist enterprises owned by HDPs to grow sustainably.

This research could potentially include findings about the barriers to market entry for HDP-owned enterprises.

In addition, we will work together to manage and administer development funds created from conditions imposed by the Competition Tribunal.

These funds will be used for developmental purposes within impacted industries, with the NEF positioned to effectively disburse and manage these resources.

There however exists an opportunity to elevate these partnerships to go beyond just formal signing ceremonies and partnerships on paper, especially considering practical implications on SMEs and HDPs.

Our collective efforts must become the driving force to greater economic participation and fostering of inclusive growth not just in SA but across the continent as well.

The wheels of change turn slowly but dedicated teams at state agencies are putting in the work to ensure there is greater opportunity for meaningful economic participation – I have simply highlighted two of these initiatives and want to encourage other agencies, academics, competition practitioners, and legal experts to engage with the commission to find ways we can work together to achieve a deconcentrated, inclusive and growing economy.

• Makunga is spokesperson for the Competition Commission of SA.