Will the US Draft Merger Guidelines Influence Merger Control in South Africa?

Helen Kean Redpath and Phil Alves consider proposed changes to US merger policy and their potential impacts on South Africa.

The new draft merger guidelines (DMGs) are proposing major changes to merger policy in the United States and bringing underlying competition policy debates to a head. In the past, US merger guidelines have been influential in other jurisdictions, South Africa included. For this reason, a prominent European commentator believes that “… it is important for those outside the US to understand what motivates them and place them in context.” In this piece, we attempt to do this from a South African standpoint.

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