(13 February 2020 – to date) [This is the current version and applies as from 13 February 2020, i.e. It is a significant moment for competition law and enforcement in South Africa. To provide consumers with competitive prices and product choices. A number of fundamental changes to the Competition Act demonstrate government's strengthened policy commitment to drive radical economic transformation in South Africa and are likely to be more regularly used in the midst of Covid-19. 1392 dated 30 October 1998. Download the current version of this By-law to read later on your desktop, e-reader or tablet. The HTML and XML legislation documents are licensed under Rules 14 and 15 of the Commission Rules The Competition Act was passed in 1998 to promote and maintain competition. Representations must reach the Department of Trade and Industry not later than 14 days from the date of publication of this notice. Interpretation In these regulations, unless the context indicates otherwise, any word or expression has the meaning assigned to it by the Competition Act, 1998 (Act No. Find out more. All Rights Reserved, Amended by Competition Amendment Act 18 of 2018, Amended by Financial Markets Act 19 of 2012, Amended by Competition Amendment Act 1 of 2009, Amended by Co-operative Banks Act 40 of 2007, Amended by Competition Second Amendment Act 39 of 2000, Amended by Competition Amendment Act 15 of 2000, Amended by Competition Amendment Act 35 of 1999, to provide for the establishment of a Competition Commission responsible for the investigation, control and evaluation of restrictive practices, abuse of dominant position, and mergers; and, for the establishment of a Competition Tribunal responsible to adjudicate such matters; and, for the establishment of a Competition Appeal Court; and. A number of fundamental changes to the Competition Act demonstrate government's strengthened policy commitment to drive radical economic transformation in South Africa and are likely to be more regularly used in the midst of Covid-19. South Africa’s competition regulators have been rigorously enforcing the Competition Act which came into force in 1999. As companies around the world prepare to respond to the effects of this pandemic on their businesses, they must become aware of the challenges and opportunities that competition law present. By Neil MacKenzie on January 22, 2020 Posted in Competition Litigation In the recent case of Computicket v the Competition Commission, the Competition Appeal Court was called upon to analyse and explain the standard that must be met to establish an exclusionary abuse of dominance under South Africa’s Competition Act. 89 OF 1998) REGULATIONS ON BUYER POWER MADE BY THE MINISTER UNDER COMPETITION ACT, 1998 I, Ebrahim Patel, Minister of Trade and Industry, after consultation with the Competition Commission, hereby in terms of section 8(4) read with section 78 of the Competition Act, Price discrimination regulations are designed to protect smaller businesses from large or dominant firms which have the power to impose prices and deals which favour them. R. 350, 19 March 2020 South African Government, Regulations on Competition Tribunal Rules for COVID-19 Excessive Pricing Complaint Referrals (Excessive Pricing Rules), Notice R448 of 2020, 3 April 2020 the date of commencement of further sections of the Competition Amendment Act 18 of 2018 – to date] COMPETITION ACT 89 OF 1998 (Gazette No. President Ramaphosa assented to the act in February 2019. Competition Tribunal confirms consent agreement to halt enforcement of exclusive leases by Shoprite Checkers. Competition laws require online platforms in the 'gig economy' to protect SME and black suppliers. [1045 KB] Act current to 2021-04-05 and last amended on 2020-07-01. 30 November 1998, Chapters 1 and 4, and Sections 78, 79 and 84 (Gazette 19557 of 30 November 1998), Copyright 2021 Government of South Africa. The competition authorities have been established in terms of the Competition Act 89 of 1998 (as amended) (the “Competition Act“) to promote and maintain competition in South Africa.This includes the role of assessing proposed mergers for the effects that such mergers may have on competition in any relevant markets. 89 of 1998), Consumer Protection Act, 2008 (Act No. 68 of 2000), the Disaster Management Act, 1957 (Act 57 of 2002), or the regulations issued in terms of section 27 (2) of the Disaster Management Act, 1957 (Act … emergency clean-up products and services. 5. See coming into force provision and notes, where applicable. Certain sections of the Competition Amendment Act have come into effect. These measures may include limiting the number of items of the goods referred to in Annexure B which a consumer or customer may purchase in a defined period of time. Much love. The much-anticipated Competition Amendment Act 18 of 2018 (Amendment Act), has been signed into law by President Cyril Ramaphosa. (a) be a citizen of South Africa, who is ordinarily resident in South Africa; (b) have suitable qualifications and experience in economics, law, commerce, industry or public affairs; and (c) be committed to the purposes and principles enunciated in section 2. South Africa appears to be entering into a period of busy competition enforcement, based on the Competition Amendment Act 2018 and the activity of the Competition Commission of South Africa. 43116 on 19 March 2020. 1392 dated 30 October 1998. Previous Versions. Read more. CCI suspends all filings until March 31, 2020 . THE COMPETITION ACT. increases the net margin or mark-up on that good or service above the average margin or mark-up for that good or service in the three month period prior to 1 March 2020, is a relevant and critical factor for determining whether the price is excessive or unfair and indicates, engage in unconscionable conduct, which includes the use of unfair tactics in connection with the marketing of any goods or service and the supply of goods or service to a consumer; and. Date: 12 October 2020. 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. Shaded provisions are not in force. maintain adequate stocks of goods contemplated in Annexure A. Laws.Africa is a non-profit organisation registered with the South African Department of Social Development, registration number 216-824 NPO. Unconscionable, unfair, unreasonable and unjust prices, Creative Commons Attribution 4.0 International License. competition/antitrust | 14 Feb 2020 BY Commencement of certain sections of the Competition Amendment Act, 2018. imprisonment for a period not exceeding 12 months. 89 of 1998 ), Consumer Protection Act, 2008 ( Act No. Entries for this year’s competition … South Africa Competition Act, 1998 Competition Act: Regulations related to COVID-19 Government Notice R350 of 2020 Published in Government Gazette no. Any person may make written representations regarding these regulations and directions. 10 February 2020 - 17:07 By Nomahlubi Jordaan. The goods and services are those which relate to—. Competition Act: Regulations: Price discrimination | South African Government. The competition, which has been running for 35 years this year, is hosted annually by Absa in partnership with the South African National Association for the Visual Arts (SANAVA). South African Government, Consumer and Customer Protection and National Disaster Management Regulations and Directions (Excessive Pricing Regulations), NO. 19412, Notice No. The Minister may, by notice in the Gazette, delete or add goods and services contemplated and listed in Annexures A and B. The Competition Amendment Act 2018 introduced significant provisions, aimed at supporting small and medium sized enterprises (SMEs) and firms … Open By-laws is a community effort to make South African by-laws easy to find, ready and share.
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