JOHANNESBURG, South Africa—The South African Competition Commission and the Independent Communications Authority of South Africa (ICASA) presented a memorandum of agreement detailing how they will cooperate in respect to the investigation, evaluation and analysis of mergers and acquisition transactions involving telecommunication matters after the amendment to the Competition Act of 1998. The agreement will allow the regulators to form a working partnership.
The regulators will continue making independent determinations on the basis of the criteria and mandates of their respective legislation. Similarly, none of their respective powers will be waived. The partnership will allow for more formalized consultation regarding transactions and could minimize the negative impact on the stakeholders at the end of the day.
ICASA Chairman Mandla Langa said: “The publication of a draft memorandum of agreement between the commission and ICASA is an important milestone in the history of regulatory cooperation in South Africa. By agreeing on the management of concurrent jurisdiction over competition matters in the telecommunications industry, the commission and the authority are also sounding a warning to those who abuse their dominant positions in these sectors. This agreement should be seen as another indication of ICASA’s commitment to promoting competitive markets in the telecommunications sector.”
