South Africa: Did the Competition Commission Let Meta Off the Hook?

opinion

South Africa's landmark market inquiry imposed financial remedies on Google but not Meta. With publisher and platform appeals still hidden from public view, the question deserves closer scrutiny.

The publication of the Competition Commission's Media and Digital Platforms Market Inquiry (MDPMI) final report was a landmark for South Africa, the continent, and Global South regulation more broadly.

It is one of the most serious attempts by any Global South competition regulator to confront platform power, and its findings will guide strategies and remedies far beyond South Africa's borders. What follows is my assessment of the remedies in relation to one specific company, not of the inquiry's overall ambition or integrity (which I have lauded elsewhere).

That company is Meta.

Earlier this year, South African publishers appealed the commission's remedial framework as it applies to Meta. That appeal to the Competition Tribunal, along with other appeals arising from the inquiry, has not been made public. The South African National Editors' Forum (Sanef) recently asked the tribunal to publish all appeals. While there appears to be no objection in principle from the tribunal, it says that it is waiting for approval from other parties before it can share any further information.

There is no clear rule requiring that appeal papers following a market inquiry be published as a matter of course. Unlike many regulatory processes in South Africa,...

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