David Lewis: South Africa Competition Authority Independence Warning

• David Lewis, former head of the South African Competition Tribunal, published a book in 2012.
• His book, 'Enforcing Competition Rules in South Africa: Thieves at the Dinner Table', criticized ministerial involvement in merger decisions.
• Lewis warned that such involvement weakened the independence of South Africa's competition authorities.
• He characterized this as a 'destructive' attack on their decision-making powers and autonomy.

Such interference, he argued, not only compromised the integrity of individual rulings but also inflicted a 'destructive' blow to the very foundation of independent competition enforcement.

In 2012, David Lewis, who previously served as the head of the South African Competition Tribunal, authored a significant book titled 'Enforcing Competition Rules in South Africa: Thieves at the Dinner Table'. Within its pages, Lewis articulated a profound concern regarding the integrity of the nation's competition framework. He specifically highlighted how the direct involvement of a minister in decisions pertaining to mergers had a detrimental effect on the autonomy of South Africa's competition authorities.

Lewis's critique was unequivocal, asserting that such political intervention severely compromised the operational independence of these crucial regulatory bodies. He explicitly stated that the decision-making capabilities and the independence of the competition authorities had been

Lawyers advising on mergers and competition matters in jurisdictions where ministerial involvement in competition decisions is possible should be aware of the potential for political influence to undermine the independence and predictability of competition authority rulings, as highlighted by this commentary.

Source: Commentary originally reported by The Namibian.