South Africa, Competition Law and Equality: Restoring Equity by Antitrust in a Land where Markets were Brutally Skewed

In South Africa, the question is not whether to incorporate “equality” into the competition law, but how. In view of the history of heinous exclusion of all black South Africans, South Africa has long recognized inclusiveness as a competition law value. Recent amendments seek to further the equality goal. This essay argues that, within a significant space, the goals of an equitable and efficient competition law overlap. Maximizing this space requires a greater appreciation of exclusionary co