Making Public Interest Considerations in Merger Control Regimes Work
Reassessing the Legal Test
Bibliographic Data
| ID | 22421810 |
|---|---|
| Authors | Vellah Kedogo Kigwiru (Hochschule für Politik, School of Social Sciences and Technology Technical University of Munich (TUM) München Germany, corresponding author) |
| Year | 2026 |
| Volume | 32 |
| Issue | 1 |
| Pages | 70-90 |
| Publication date | 2026-04-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | European Law Journal (JOURNAL) |
| Journal identifiers | ISSN: 1351-5993 • E-ISSN: 1468-0386 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/eulj.70023 |
| OpenAlex | W7134191032 |
| Language | EN |
| References cited | 36 |
Academic research is increasingly questioning whether the goals of competition law should extend beyond the traditional focus on economic efficiency and consumer welfare to include non‐economic issues such as social justice, democracy, environmental sustainability and equality. In this regard, the African experience is particularly valuable since public interest considerations (PICs) are a feature of merger control regimes in many African countries. After an analysis of PICs in Africa, the paper zooms in on South Africa's extensive experience in the field, particularly its legal test for determining when PICs are justified in merger assessment and offers recommendations that could inform other countries. Drawing on the South Africa merger assessment, this paper recommends that PICs and the competition standard be analysed separately but in an interrelated manner, as they complement each other. The likely effect of the merger on specific public interests must be identified and considered only when it is substantial and linked to the merger. Additionally, a merger should be prohibited only if the proposed remedies seeking to address the negative effects on the specific PIC are inadequate, inappropriate, disproportionate or unenforceable. Importantly, when PICs collide, competition agencies should balance each public interest against the others, focusing on whether the likely effect is substantial or whether the remedies are inadequate. In sum, competition agencies should adopt public‐interest merger guidelines that provide businesses with the necessary guidance on the legal test and procedures, enhancing legal certainty and attracting investment.
Certainty · Consumer welfare · Merger control · Public interest · EU Law and Policy Analysis · Merger and Competition Analysis · Regulation and Compliance Studies
Policy uncertainty, mergers, and acquisitions in the South African business environment
Has competition law enforcement been effective in South Africa
Beyond ‘white monopoly capital’
The goals of EU competition law
Mergers and Acquisitions and the Incorporation of the Public Interest in Africa's Regional Competition Laws
Income inequality under colonial rule. Evidence from French Algeria, Cameroon, Tunisia, and Vietnam and comparisons with British colonies 1920–1960
Colonial legacies and wealth inequality in Kenya
From rule‐takerto rule‐promotingregulatory state
How should young institutions approach competition enforcement? Reflections on South Africa's experience
Black Economic Empowerment and Quota Allocations in South Africa's Industrial Fisheries
The Comparative Politics of Colonialism and Its Legacies
| Citation velocity | historical |
|---|---|
| Highly cited | No |