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Competition Act, 1998 (Act No. 89 of 1998)

Chapter 4 : Competition Commission, Tribunal and Court

Part A : The Competition Commission

21A. Impact studies

 

(1) The Competition Commission may study the impact of any decision, ruling or judgment of the Commission, the Competition Tribunal or the Competition Appeal Court.

 

(2) The Commission may request information from any firm in order to compile its impact study report.

 

(3) The Commission must submit its report to the Minister and publish its report in the Gazette within 15 business days after submitting it to the Minister.

 

(4) The Minister must table in the National Assembly any impact study report within 10 business days after receiving the report from the Commission and, if Parliament is not sitting, within 10 business days after the commencement of the next sitting.

 

(5) Sections 44 and 45A, read with the changes required by the context, apply to the Commission’s request for information from a firm and the publication of its report.

 

(6) A firm that receives a request for information in terms of subsection (2) may lodge an objection with the Competition Tribunal within 20 business days of receiving the request.

 

(7) The Competition Tribunal must determine the objection referred to in subsection (6) and may make any appropriate order after having considered all relevant information, including—
(a) the nature and extent of the information requested;
(b) the purpose and scope of the impact study; and
(c) the relevance of the information requested to the impact study

 

[Section 21A inserted by section 17 of Notice No. 175, GG 42231, dated 14 February 2019]