FMF 2023 submission on Public Interest Guidelines for Merger Control

FMF Principles_3

Competition Commission

Summary

The Free Market Foundation is of the view that the draft Public Interest Guidelines for Merger Control undermines the constitutional imperative of the Rule of Law by creating legal uncertainty in its vesting of unconstrained executive discretion. The Guidelines also in substance if not form amount to law, which infringes upon the separation of powers. The public interest criterion is also misconstrued by placing it in opposition to mergers, which are a normal part of a dynamic economy. We thus recommend that the Guidelines be withdrawn.

Contributors

Zakhele Mthembu

Legal Researcher

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