Wed, May 18, 2022

The Competition Commission of South Africa is cooked. They employ lawyers and economists who can’t defend half baked policies and who clearly don’t understand Competition. Not only is South Africa’s Competition Act a bust – it fails the public and strips us of economic rights and human dignity, but the organisation structured to defend a competitive, free and fair economy operates like self serving hired henchmen.

What is the Competition Commission supposed to do?

Putting it simply, they ensure the economic environment is fair between

  1. people and business and
  2. business and business.

The Commission supposedly prevents business from bullying (being dominant over) other businesses or people. CompComSA is paid to ensure the competitive economic environment allows everyone equal opportunity. This means companies are not allowed to make decisions among each other that will reduce the rights of people or other firms (their competitors).

The Competition Commission is a statutory body constituted in terms of the Competition Act, No 89 of 1998 by the Government of South Africa empowered to investigate, control and evaluate restrictive business practices, abuse of dominant positions and mergers in order to achieve equity and efficiency in the South African economy.

What’s the Twist?

Besides simply being another bunch of fork tongued wankers, they clearly shirk their responsibility and impartiality when dealing with the rights of citizens and firms who compete fairly for talent.

The dirty Competition Commission explained a cartel on Linkedin  yet couldn’t respond when questioned about their own publicly exposed cartel behaviours, namely, not disclosing wages in job adverts then demanding ‘current cost to company’ information from applicants.

I asked why they spied on firms who compete in the same pool of talent as them, they refused to answer.

The Competition Commission Recruitment Process

Bitter Practice

  1. They advertise vacancies without being upfront about pay:
    1. is this to deter smart candidates most likely to question the organisation when hired?
    2. do they look for the most vulnerable available talent willing to accept a low rate?
    3. do they make different offers to different candidates based on gender and colour?
    4. how can we trust their offers are fair if they are not upfront about pay in their market signal? (an advert is a message to a market / people)
  2. Their online application requests confidential pay information from applicants:
    1. if a ‘cartel involves an agreement or concerted practice between two or more competitors to engage in fixing prices and trading conditions’ – then why are they looking at rival firms confidential pay information?
    2. if labour cannot be price-fixed in a free economy, why do they use competitor wage information as a reference?
    3. if spying (concerted practice) on competitors is illegal, why does the Competition Commission break the laws it’s meant to uphold?

The CompComm includes the following statement in their mandate:

Promote employment and advance the social and economic welfare of South Africans

  • When they have competitor wage information, will they offer more in order to attract the candidate?
  • When they have candidates wage information, possibly unfairly negotiated with their former employer, what will they do if it’s unfairly low? Give the applicant a 10% raise?

The truth is twisted, what is it?

How does their recruitment process ‘promote employment and advance the social and economic welfare of South Africans‘ when their practices deny job applicants the right to pursue fair and hopefully better economic opportunities?

Recruitment must be regulated. The  Competition Commission is a den of thieves, stealing free market rights and robbing us of economic justice.

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