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Item The legal position of excessive pricing in south africa pre, during and post the Covid-19 pandemic(University of the Witwatersrand, Johannesburg, 2023-02) Pillay, IanThe Competition Amendment Act 18 of 2018 (the Amendment Act) and the COVID-19 pandemic each had a significant impact on the legal position of excessive pricing in South Africa. Prior to the Amendment Act excessive pricing was prohibited in terms of the Competition Act 89 of 1998. However, the Amendment Act introduced a reverse onus requiring a dominant firm to refute the prima facie case against it by showing that prices charged are reasonable. It also introduced a broader and more discretionary benchmark in determining whether prices are excessive. The disruption of the competition conditions caused by the COVID-19 pandemic resulted in a different assessment in establishing market power in excessive pricing cases. Coincidentally, the first excessive pricing cases to be adjudicated under the Amendment Act occurred during the COVID-19 pandemic. The overlapping of these two events resulted in an important distinction between excessive pricing cases under conditions of normal and effective competition, versus excessive pricing cases under conditions of the COVID-19 pandemic. Therefore, it became clear that context is relevant when interpreting the excessive pricing provisions of the Amendment Act. The aim of this research report is two-fold. First it aims to identify the legal position of excessive pricing in South Africa pre, during and post the COVID-19 pandemic. By doing so the report explains how the legal position of excessive pricing has changed. The report also highlights the difference between excessive pricing under normal and effective competition conditions, verses excessive pricing under conditions of the COVID-19 pandemic. Secondly it aims to determine whether the Amendment Act, particularly sections 8(2) and (3), adequately address the shortfalls in excessive pricing. Section 8(2) requires a prima facie case to be proved and introduces a reverse onus, and section 8(3) introduces a broader benchmark in determining whether prices are excessive.Item Is there tension between the enforcement of patent rights and promotion of competition policy in South Africa?(University of the Witwatersrand, Johannesburg, 2023) Sham-Guild, Julia; Marumoagae, ClementThis research report examines the intersection between competition law and patent law. In particular, it examines the abuse of patent rights by dominant players that hinder access to life- changing products. It evaluates the potential tension between protecting patent rights and promoting competition, which raises concerns about equitable access to lifesaving products. Vertical and horizontal prohibited practices, including patent pools, cross-licensing agreements, and pay-for-delay settlements are also discussed, in terms of both encouraging co- operative opportunities benefitting society while also posing the risk of creating platforms for collusion that could lead to price fixing and market allocation for competing patented products. The focus for the South African competition authorities has been on addressing abuse of dominance by patent holders, particularly regarding excessive pricing and equitable access to patented life-saving medicines and vaccines. This research report examines the case law onexcessive pricing and dominant firms' refusal to license patents patented medications, resulting in Competition Commission investigations. This report also addresses equitable access to life- saving medicine, particularly during the COVID-19 pandemic, including South Africa's request to the World Trade Organisation for a TRIPS waiver for patented COVID-19 vaccines. The research report concludes that while there is tension between these areas of law, competition plays a vital role in promoting fair pricing of, and equitable access to, life-saving patents