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Assessing Excessive Pricing: The Case Of Flat Steel In South Africa

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  • Simon Roberts

Abstract

South Africa's Competition Tribunal recently ruled in favor of the complainant in the first case of excessive pricing to come before it since the 1998 Competition Act established new institutions in 1999. This article examines the standards that should be adopted in assessing excessive pricing in a small developing country such as South Africa, through a review of the complainee, Mittal Steel South Africa's, pricing practices. It is argued that entrenched dominance is central to a finding of excessive pricing, where that position has not been attained through innovation or product development, and that the excessiveness of the pricing ought to be assessed against a range of indicators of pricing under effectively competitive conditions. It is argued that in a country such as South Africa, the conditions for excessive pricing are much more prevalent than in large industrialized economies.

Suggested Citation

  • Simon Roberts, 2008. "Assessing Excessive Pricing: The Case Of Flat Steel In South Africa," Journal of Competition Law and Economics, Oxford University Press, vol. 4(3), pages 871-891.
    • Handle: RePEc:oup:jcomle:v:4:y:2008:i:3:p:871-891.
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    File URL: http://hdl.handle.net/10.1093/joclec/nhn005
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    Cited by:

    1. Eduardo Saavedra & Javier Tapia, 2019. "El control de los precios excesivos en el derecho de la libre competencia: análisis y propuesta," Estudios Públicos, Centro de Estudios Públicos, vol. 0(153), pages 95-140.
    2. Samuel Fosu, 2013. "Capital Structure, Product Market Competition and Firm Performance: Evidence from South Africa," Discussion Papers in Economics 13/11, Division of Economics, School of Business, University of Leicester.
    3. Fosu, Samuel, 2013. "Capital structure, product market competition and firm performance: Evidence from South Africa," The Quarterly Review of Economics and Finance, Elsevier, vol. 53(2), pages 140-151.
    4. Pamela Mondliwa & Sumayya Goga & Simon Roberts, 2021. "Competition, Productive Capabilities and Structural Transformation in South Africa," The European Journal of Development Research, Palgrave Macmillan;European Association of Development Research and Training Institutes (EADI), vol. 33(2), pages 253-274, April.
    5. Willem H. Boshoff, 2021. "South African competition policy on excessive pricing and its relation to price gouging during the COVID‐19 disaster period," South African Journal of Economics, Economic Society of South Africa, vol. 89(1), pages 112-140, March.

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