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posted 3 years ago
The South African Competition Commission (“Commission”) recently released its Provisional Summary Report (“Report”) on the Online Intermediation Platforms Market Inquiry (“OIPMI” or “Inquiry”). The Inquiry was initiated in May 2021. The Inquiry highlighted impact of platforms engaging in intermediation business such as eCommerce, app stores, travel and accommodation platforms, online classifieds and food delivery.
Of these prominent firms, the leading were found to include the Apple App Store, Google Play Store, Takealot, Booking.com, Airbnb, Mr Delivery, Uber Eats, Property24, Private Property, Auto Trader, Cars.co.za and Google Search.
At the outset, the Commission highlighted its transformation objectives as they apply to the relevant markets, by emphasizing that there needs to be a drive to ensure adequate participation by small and medium enterprises (“SMEs”) and historically disadvantaged persons (“HDPs”).
In order to address competition between the platforms, the Summary Report recommended that:
In addition, the Inquiry recommended that:
The Inquiry lastly came to the provisional conclusion that the digital economy does not accord with South Africa’s objectives relating to transformation and empowerment, and further deviates significantly from the aim to transform conventional industries.
In light of this conclusion, the Inquiry recommended that there be detailed commitments made for funding of historically disadvantaged person mandates by private funders, and that government further provide funds to HDP entrepreneurs through directives to venture capitalists. It also provisionally concluded that all leading platforms should aim to provide personalised onboarding options to HDP businesses, waive their onboarding fees and costs, grant complimentary credits and the provide consumers with the opportunity to discover HDP businesses on the relevant platform.
The provisional findings and recommendations of the Inquiry currently remain open for comment by both stakeholders and the general public. Opportunity to comment will close on 24 August 2022, whereafter it is expected that the above recommendations will be finalised.
Given the broad and material implications of these provisional recommendations, it is likely that there will be push back from several of the leading platforms.
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