1 Introduction
In an earlier Research Note
(Number 20, November 2010),
we considered the use of remedies
by the South African competition
authorities in competition
cases and compared that to the
use of remedies in the European
Union. We also commented on
the Sasol abuse of dominance
case, where the Tribunal used
a combination of structural as
well as behavioural remedies to
address competition concerns.
On the 29th of June 2011 the Tribunal
published their judgement
in the much publicised Walmart/
Massmart merger. We comment
on the specific remedies imposed
by the Tribunal in this case and
show that the use of behavioural
remedies is in line with international
best practice (as stipulated
in the latest Department of Justice
Policy Guide to Merger Remedies1
), as well as consistent with
earlier decisions of the Tribunal.