Competition policy and black empowerment: South Africa’s path to inclusion

Abstract

The first democratic government of South Africa prioritized the transformation of society on a non-racial, democratic, and local foundation. The expectation was that all law in South Africa would contribute to, amongst other things, economic transformation and redress the imbalances created by past racial divisions, and more important foster the participation of the previously marginalized people to participate in the mainstream economy. The Competition Act is part of this fabric. In the twenty years that have passed, South Africa has become a leader in the developing world. This article provides a critical review of how competition law has pursued black empowerment with a particular focus on current challenges and opportunities.