Control of mergers between newspaper enterprises under South African and German competition law

[摘要] ENGLISH ABSTRACT:This thesis compares South African and German Competition Law. The focus is the controlof mergers between newspaper enterprises. It has to be asked whether special rulesshould apply to transactions in this field, considering the importance of an unconcentrated,competitive press from an economic and political point of view. It will be shown that SouthAfrican and German Competition Law are similar in many respects. Both legal systemsfollow a flexible, primarily economic approach to the consideration of proposed transactions,taking into account a plurality of factors to determine potential detrimental effects ofmergers on competition. Moreover, pro-competitive gains and public interest issues arerecognised under South African and German law. When it comes to the control of mergersbetween newspaper enterprises, though, the two legal systems diverge. Only under GermanCompetition Law, are there specific provisions for press mergers. In view of a recentlyproposed amendment of the German Competition Law, the appropriate form of regulationthat is likely to guarantee a free press, will be investigated. It will also be analysed,whether there is a specific need for press regulation in the South African context. Eventhough there are no special provisions under South African Competition Law, the SouthAfrican Constitution leaves space for a broader understanding of the freedom of the press.Hence, it will be examined if the South African Constitution obliges the state to enact particularlaws to protect press-plurality. Moreover, it will be analysed if the South AfricanCompetition Act should be interpreted in a manner that would promote plurality of thepress. In the view of the eminent role of the press for a democratic society, it will be arguedin this thesis, that there is a particular need for media regulation. Notably the significantlevels of concentration in both German and South African press markets raise concernsas regards the protection of a free and pluralistic press. It will be shown that thereare different foreign approaches to maintaining and promoting freedom of the press and itwill be suggested that South Africa recognises a need for more press-specific regulation inthe future.

[发布机构] Stellenbosch University