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Can a dominant firm's communications strategy amount to exclusionary conduct?

Published

26 August 2026

Topic

regulatory

Geography

South Africa

Source

Read at cliffedekkerhofmeyr.com

Verified

Fusion42 · 27 August 2026 · Fusion42 review

The European Commission highlighted that dominant firms may engage in exclusionary conduct through misleading communications about competitors, as seen in cases against Sanofi and Vifor. This scrutiny may influence South African competition law interpretations, particularly under section 8(1)(c) of the Competition Act 89 of 1998 regarding exclusionary conduct.

◆ The Wire takeaway

South African founders in competitive markets face tighter rules on how you talk about rivals, not just how you price or supply. Adjust your marketing and communications to avoid creating misleading impressions that could invite regulatory action.

Coverage

1 source · 26 Aug 2026

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Topics

competition-lawdominant-firmexclusionary-conductmisleading-communicationseuropean-commissionsouth-africa