Regulating Institutional Mergers in South African Higher Education: The role and impact of Section 11 of the Competition Act
Résumé
This study examines the application of Section 11 of the Competition Act 89 of 1998 in the regulation of mergers and acquisitions in South African higher education. Section 11 aims to prevent anti-competitive practices that could harm consumers and restrict market competition, while allowing institutions to consolidate resources to improve efficiency and accessibility. The study explored the tension between promoting competition and supporting institutional growth, highlighting how regulatory oversight can enable and constrain strategic mergers. The study addressed the following questions: (i) Can Section 11 be applied in a manner that balances competition objectives with the transformative goals of higher education policy? (ii) Does the Competition Commission’s regulatory approach adequately consider public interest, institutional sustainability, and academic development when assessing higher education mergers? This study outlines the framework and objectives of Section 11 and explores the Competition Commission’s role and investigative powers. This study also analyses the merger of Walter Sisulu University as a case study. Through the analysis of existing literature, including that on the mergers that formed Walter Sisulu University and North-West University, the study demonstrated how the Competition Commission balances legal compliance with broader educational and social objectives. The study contributes to the understanding of how competition law intersects with higher education policy, providing insight into the governance of institutional mergers that promote efficiency, equity, and long-term social benefit in South Africa.
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