Competition Law as a Catalyst for Access to Education: A Review of a Drive against Anti-Competitive Practices in the Procurement of School Uniforms by the Competition Commission of South Africa

Exclusive agreements and high prices in some markets can harm competition, competitors, and consumers and may also affect the enjoyment of constitutionally protected rights. Some practices impinge on aspects of citizens’ fundamental rights, such as the right of access to education. In response to complaints from parents regarding anti-competitive practices involving schools, suppliers and/or manufacturers, the Competition Commission has undertaken a series of interventions to enhance competition in the procurement of school uniforms and other related materials. The initiative was aimed at promoting and balancing increasing competition in school-uniform procurement and to provide parents with more choices to ensure that they are not compelled to purchase school uniforms exclusively from selected suppliers. The initiative not only achieved market competitiveness, but, to a certain extent, it also secured the constitutional right to access to education. Therefore, the article examines the effectiveness of the Competition Commission’s interventions on the procurement of school uniforms and showcases the role the agency played in promoting access to education.