South Africa: Excessive pricing or excessive prosecution? An analysis of the Competition Commission’s attack on COVID-19-related price gouging

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Lerisha Naidu and Ryan Mckerrow from the Johannesburg Competition practice group provide a high-level analysis of the fine line between excessive pricing and excessive prosecution. The article commences with an overview of the legal framework for excessive pricing, followed by a review of excessive pricing complaints pursued by the Commission in the context of the COVID-19 national disaster. The Commission’s approach to such complaints is analysed in light of broader considerations pertaining to market dominance and an augmented approach is suggested.