Anti-Dumping, Competition, Consumers, Domestic Industry, Investment, Divestment, Protection, Tariffs
Since the dawn of democracy South Africa has embarked in a process of dismantling protectionist business and trade policies, and made the countryâ€™s stream of commerce one of the preferred globally. The countryâ€™s sound competition and trade policies, natural resource endowments, market size and regional influence, attracted foreign businesss and foreign direct invetsment (FDI). Equally the country has been under pressure to protect the domestic industries from injurious competition and business, through sector specific laws, anti-dumping and countervailing duties laws, investment and competition regime. The concern has been the likilelihood of the introduction of trade and competition barriers, and the allienation of FDI. This paper critically examines the impact the countryâ€™s antidumping and competition law and practice upon foreign direct investment. Domestic industries have never been shy to file anti-dumping and anti-competition suits against foreign companies, sometimes even when there might be a public outcry. Relevant examples of these suits include the famous Wal-Mart anti-competition case, and recently the Brazilian frozen fowl meat anti-dumping case.
Full Text : PDF
- Brink, G. (2004). A Theoretical Framework for South African Anti-dumping Law (Unpublished LLD Thesis Pretoria University).
- Charveriat, C., Hutjes, M., Leung, T., and Gavidia, D.P. (2003). The Emperor’s New Clothes: Why Rich Countries want a WTO Investment Agreement. Washington D.C; Brussels; Geneva and New York: OXFAM International.
- Cosbey, A. (2002). Foreign Investment: Making it Work for Sustainable Development. Winnipeg, MB: International Institute for Sustainable Development.
- Cosbey, A. (2005). International Investment Agreements and Sustainable Development: Achieving the Millennium Development Goals. Winnipeg, MB: International Institute for Sustainable Development.
- Department of Trade and Industry (DTI ). Annual Report 2013 – 2013. 2013, www.thedti.gov.za 04 December 2013.
- Ensor L. (2013). Poulterers Fear Influx of Chicken from EU, Business Day. 01 April. p.2. http://www.itac.org.za/itac-in-media.asp. 17 August 2013.
- Esterhuizen, D. (2013). South Africa Poultry Update: The Supply and Demand for Broiler Meat in South Africa. [Online]. 29 January 2013.
- http://gain.fas.usda.gov/Recent%20GAIN%20Publications 11 August 2013.
- Frozen Meat of Fowls – Brazil, ITAC Report No. 389.
- Hoawkins, P., and Lockwood, K. (2001). Strategy for Attracting Foreign Direct Investment, A paper presented to the Economic Society of South Africa’s Biennal Conference, Glenburn Lodge (13 September 2001)
- Increase in the Rates of Custom Duty on Frozen Meat Fowls of the Gallus Domesticus: Whole Birds, Boneless Cuts, Bone-In Portions, Carcasses and Offal : ITAC Report No. 442
- Kruger P. (2012). The Impact of WTO Law on Foreign Investment: The Wallmart/Massmart Merger. Stellenbosch: Tralac. http://www.tralac.org/files/2012/02/S12WP032012-Kruger-Impact-WTO-law-foreign-investment-WalmartMassmart-merger-FIN.pdf 28 September 2013
- Macroy et al (ed) (2005). The World Trade Organisation: Legal, Economic and Political Analysis.
- Peterson, L. (2004). Bilateral Investment Treaties and Development Policy-Making. Winnipeg, MB: International Institute for Sustainable Development.
- Sibanda, O.S. (2011). South African Anti-Dumping Law and Practice: A Juridical and Comparative Analysis of Procedural and Substantive Issues. (Unpublished LLD Thesis North West University).
- Sibanda O.S. (2001). The Interpretation and Application of Section 3 of the Competition Act: Lessons from American Antitrust Laws. South African Mercantile Law Journal. 13(1), 26.
- Sibanda O.S. (2013a). An Assessment of the WTO Compliance of the South African Anti-Dumping Regime in respect of the Determination of Causation. THRHR. 76
- Sibanda O.S. (2013b). The Weighted Average Price Determination in Anti-dumping in South Africa: Is There Fowl Play. in Kirkegaard, S (ed). Law and Practice – Critical Analysis and Legal Reasoning. International Association of IT Lawyers.
- Tao, P. (2006). Dumping and Anti-Dumping Regulations with Specific Reference to the Legal Framework in South Africa and China (2006) LLM dissertation, University of the Free State