ABSTRACT

The Organisation for Economic Co-operation and Development (OECD) Committee on Competition Law and Policy, on inspecting competition policy in OECD countries, remarked that there is general consensus that the objective of competition policy is to protect and preserve competition as the most appropriate means of ensuring the efficient allocation of resources and thus efficient market outcomes in free market economies. While countries differ somewhat in defining efficient market outcomes there is general agreement that the concept is manifested by lower consumer prices, higher quality products and better product choice. The South African competition agency may be deemed to consider large firm size as undesirable in terms of competition something that might stifle the competitive process. In this regard, as one can see, South Africa is not unique. However, from a consideration of such it is only a small step to come to argue that a dominance threshold exists at which competition is eliminated.