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Table of Contents
Competition Act, 1998 (Act No. 89 of 1998)
Notice No. 1392 of 1998
Act
Preamble
Chapter 1 : Definitions, Interpretation, Purpose and Application of Act
1. Definitions and interpretation
2. Purpose of Act
3. Application of Act
Chapter 2 : Prohibited Practices
Part A : Restrictive Practices
4. Restrictive horizontal practices prohibited
5. Restrictive vertical practices prohibited
Part B : Abuse of a Dominant Position
6. Restricted application of Part
7. Dominant firms
8. Abuse of dominance prohibited
9. Price discrimination by dominant firm as seller prohibited
Part C : Exemptions from Application of Chapter
10. Exemption
[Repealed]: Chapter 2A : Complex Monopoly Conduct
Chapter 3 : Merger Control
11. Thresholds and categories of mergers
12. Merger defined
12A. Consideration of mergers
13. Small merger notification and implementation
13A. Notification and implementation of other mergers
13B. Merger investigations
14. Competition Commission intermediate merger proceedings
14A. Competition Commission large merger proceedings
15. Revocation of merger approval and enforcement of merger conditions
16. Competition Tribunal merger proceedings
17. Competition Appeal Court merger proceedings
18. Intervention in merger proceedings
18A. Intervention in merger proceedings involving foreign acquiring firm
Chapter 4 : Competition Commission, Tribunal and Court
Part A : The Competition Commission
19. Establishment and constitution of Competition Commission
20. Independence of Competition Commission
21. Functions of Competition Commission
21A. Impact studies
22. Appointment of Commissioner
23. Appointment of Deputy Commissioner
24. Appointment of inspectors
25. Staff of Competition Commission
Part B : The Competition Tribunal
26. Establishment and constitution of Competition Tribunal
27. Functions of Competition Tribunal
28. Qualifications of members of Competition Tribunal
29. Term of office of members of Competition Tribunal
30. Deputy Chairperson of Competition Tribunal
31. Competition Tribunal proceedings
32. Conflicts and disclosure of interest by members of Competition Tribunal
33. Acting by member of Competition Tribunal after expiry of term of office
34. Remuneration and benefits of members of Competition Tribunal
35. Staff of Competition Tribunal
Part C : The Competition Appeal Courtl
36. Establishment and constitution of Competition Appeal Court
37. Functions of Competition Appeal Court
38. Business of Competition Appeal Court
39. Term of office
Part D : Administrative Matters Concerning the Competition Commission and the Competition Tribunal
40. Finances
41. Annual Report
42. Rules applicable to Competition Tribunal
43. Liability
Chapter 4A : Market Inquiries
43A. Interpretation and Application of this Chapter
43B. Initiating and conducting market inquiries
43C. Matters to be decided at market inquiry
43D. Duty to remedy adverse effects on competition
43E. Outcome of market inquiry
43F. Appeals against decisions made under this Chapter
43G. Participation in and representation to market inquiry
Chapter 5 : Investigation and Adjudication Procedures
Part A : Confidential Information
44. Right of informants to claim confidentiality
45. Disclosure of Information
45A. Restricted use of Information
Part B : Powers of search and summons
46. Authority to enter and search under warrant
47. Authority to enter and search without warrant
48. Powers to enter and search
49. Conduct of entry and search
49A. Summons
Part C : Complaint procedures
49B. Initiating complaint
49C. Interim relief
49D. Consent orders
49E. Leniency
50. Outcome of complaint
51. Referral to Competition Tribunal
Part D : Tribunal hearings and orders
52. Hearings before Competition Tribunal
53. Right to participate in hearing
54. Powers of member presiding at hearing
55. Rules of procedure
56. Witnesses
57. Costs
58. Orders of Competition Tribunal
59. Administrative penalties
60. Divestiture
Part E : Appeals and reviews to Competition Appeal Court
61. Appeals
62. Appellate jurisdiction
63. Leave to appeal
Chapter 6 : Enforcement
64. Status and enforcement of orders
65. Civil actions and jurisdiction
66. Variation of order
67. Limitations of bringing action
68. Standard of proof
Chapter 7 : Offences
69. Breach of confidence
70. Hindering administration of Act
71. Failure to attend when summoned
72. Failure to answer fully or truthfully
73. Failure to comply with Act
73A. Causing or permitting firm to engage in prohibited practice
74. Penalties
75. Magistrate's Court jurisdiction to impose penalties
76. [Repealed] Serving documents
77. Proof of facts
Chapter 8 : General Provisions
78. Regulations
79. Guidelines
79A. Advisory opinions of Commission
80. Official seal
81. Act binds State
82. Relationship with other agencies
83. Transitional arrangements and repeal of laws
84. Short title and commencement of Act
Schedules
Schedule 1 : Exemption of Professional Rules
Part A
Part B
Schedule 2 : Repeal of Laws (Section 83)
Schedule 3 : Transitional Arrangements
Regulations
Buyer Power Regulations, 2020
Notice No. 168 of 2020
1. Interpretation
2. Purpose
3. Factors of buyer power to be satisfied to establish a contravention
4. Determination of unfair price
5. Trading conditions
6. Designated sectors
7. Application to firms controlled or owned by historically disadvantaged persons
8. Guidelines
9. Short Title
Price Discrimination Regulations, 2020
Notice No. 169 of 2020
1. Interpretation
2. Purpose
3. Factors of Price Discrimination to satisfy to establish a contravention
4. Price Discrimination
5. Application to firms controlled and owned by historically disadvantaged persons
6. Guidelines
7. Short Title
Consumer and Customer Protection and National Disaster Management Regulations and Directions
Notice No. R. 350 of 2020
1. Interpretation
2. Application
3. Purpose
4. Excessive Pricing
5. Unconscionable, unfair, unreasonable and unjust prices
6. Supply of goods
7. Penalties
8. Representations on these regulations
Annexure A
Annexure B
COVID-19 Block Exemption for the Healthcare Sector 2020
Notice No. R. 349 of 2020
1. Definitions
2. Purpose
3. Category of agreements or practices exempted
4. Agreements to support the public healthcare sector
5. Cost reduction measures
6. Scope of the exemption
7 - 8. Amendments to Regulations
9. Record Keeping
10. Representation on Regulations
11. Short title
12 - 13. Commencement and duration
COVID-19 Block Exemption for the Banking Sector 2020
Notice No. R. 355 of 2020
1. Definitions
2. Purpose
3. Category of agreements or practices exempted
4. Scope of the exemption
5 - 6. Amendments to Regulations
7. Monitoring
8. Representation on Regulations
9. Short Title
10 - 11. Commencement and duration
COVID-19 Block Exemption for the Retail Property Sector 2020
Notice R. 358 of 2020
1. Definitions
2. Purpose
3. Category of agreements or practices exempted
4. Scope of the exemption
5 - 6. Amendments to Regulations
7. Monitoring
8. Short Title
9 - 10. Commencement and duration
Annexure A
COVID-19 Block Exemption for the Hotel Industry, 2020
Notice No. R. 422 of 2020
1. Definitions
2. Purpose
3. Category of agreements or practices exempted
4. Scope of the exemption
5 - 6. Amendments to Regulations
7. Record Keeping
8. Representation of Regulations
9. Short Title
10 - 11. Commencement and duration
Tribunal Rules for COVID-19 Excessive Pricing Complaint Referrals
Notice No. R. 448 of 2020
1. Short title
2. Interpretation
3. Application
4. Purpose
5. Urgent complaint referral procedures
6. Urgent hearing
7. Remedies
8. Consent Order
Block Exemption for the Security of Supply of Essential Goods, 2021
Notice No. 616 of 2021
1. Definition
2. Purpose
3. Category of agreements or practices exempted
4 - 5. Exclusions
6 - 7. Scope of the exemption
8. Amendments to Regulations
9. Record Keeping
10. Short Title
11 - 12. Commencement and duration
Energy Users Block Exemption, 2023
Notice No. 3447 of 2023
1. Definitions
2. Purpose
3. Category of agreements or practices exempted
4. Exclusions
5. HDP and SMME Participation
6 - 7. Scope of the exemption
8. Amendments to Regulations
9 - 12. Monitoring
13. Short Title
14 - 15. Commencement and duration
16. Winding down of agreements and practices
Block Exemption Regulations for Small, Micro and Medium-Sized Businesses, 2024
Notice No. 2538 of 2024
1. Definition
2 - 4. Background
5 - 6. Purpose
7 - 8. Legal framework
9. Categories of agreements or practices exempted
10 - 14. Prior approval by the Commission
15. Revocation of approval
16. Exclusions
17 - 18. Scope of the exemption
19. Amendments to Regulations
20 - 23. Monitoring
24. Short Title
25. Commencement and duration
26. Winding down of agreements and practices
Notices
Determination of thresholds in terms of Section 6(1)
Notice No. 1942 of 1999
1. Generally accepted accounting practices apply
2. Valuation of Assets
3. Calculation of annual turnover
4. Form of financial statements
Determination of thresholds in terms of Section 11(1)
Notice No. 1943 of 1999
1. Generally accepted accounting practices apply
2. Valuation of Assets
3. Calculation of annual turnover
4. Combined valuation of firms
5. Form of financial statements
Determination of Merger Thresholds and Method of Calculation
Notice No. 216 of 2009
Part A : Determination of Thresholds
1. Definitions
2. Lower thresholds
3. Higher thresholds
4. The provisions of the Act
Part B : Method of Calculation
5. International Financial Reporting Standards apply
6. Valuation of Assets
7. Calculation of annual turnover
8. Combined valuation of firms
9. Form of financial statements
Guidelines for the Determination of Administrative Penalties for Prohibited Practices
Notice No. 323 of 2015
1. Definitions
2. Introduction
3. Objectives
4. Legislative framework
5. Methodology for the calculation of penalties
Step 1: Determination of Affected Turnover
Step 2: Calculation of the Base Amount
Step 3: Duration of the Contravention
Step 4: Statutory Limit
Step 5: Aggravating and mitigating factors
Step 6: Consideration of the Statutory Limit
6. Discount for settlement of cases by firm
7. Ability to pay the administrative penalty
8. Liability of a holding company liability for administrative penalty
9. General and special provisions
10. Discretion
11. Effective date and amendments
Conditional Exemption Granted : National Hospital Network : Notice in terms of Section 10(7) (as amended)
Notice No. 1344 of 2018
Guidelines for the Determination of Administrative Penalties for failure to notify mergers and implementation of mergers contrary to the Competition Act No 89 of 1998, as amended
Notice No. 473 of 2019
1. Definitions
2. Purpose and Introduction
3. Legislative Framework
4. Methodology - notification and/or implementation of a merger contrary to Chapter 3 of the Act
5. Failure to notify and prior implementation
6. Discount for settlement of cases by firm
7. Ability to pay the administrative penalty
8. Liability to pay
9. Special provisions and discretion
10. Effective date and amendments
Notice in terms of Section 1 of the Competition Act, 1998 (Act No. 89 of 1998)
Notice No. 987 of 2019
Schedule
South African Petroleum Industry Association granted conditional exemption
Notice No. 204 of 2020
Notice in terms of Section 10(7) of the Act (As Amended): The Abalone Farmers Association of South Africa granted conditional exemption
Notice No.1048 of 2020
Amended Recommendation Timelines for the Data Services Market Inquiry - December 2020
Notice No. 1294 of 2020
1. Background
2. Amendment of Recommendations
Publication of the Final Forestry Sector Impact Assessment Report
Notice No. 1328 of 2020
1. Background
2. Publication of Final Report
Notice of Designation in terms of Section 10(3)(b)(iv) of the Competition Act, 1998
Notice No. 1369 of 2020
[Extended] Notice No. 568 of 2021
Notice No. 741 of 2021
Notice No. 997 of 2022
Notice No. R. 2993 of 2023
Notice No. 1985 of 2023
Notice No. 2204 of 2023
Notice No. 2334 of 2024
Notice No. 2505 of 2024
South African Petroleum Industry Association granted conditional exemption
Notice No. 18 of 2021
South African Petroleum Industry Association granted conditional exemption
Notice No. 356 of 2021
Decision to Approve Merger
Notice No. 218 of 2021
Notice of Designation of the Sugar Industry in terms of Section 10(3)(b)(iv) of the Competition Act, 1998 (Act No. 89 of 1998)
Notice No. 482 of 2021
Guidelines on collaboration in the implementation of the South African Value Chain Sugarcane Master Plan to 2030
Notice No. 622 of 2021
1. Preface
2. Definitions
3. Introduction
4. Purpose
5. Legal Framework
6. Framework for Collaboration on Local Sugar Procurement
7. Conclusion
8. Effective Date and Updates
Notice in terms of Section 10(7) of the Competition Act, 1998 (As Amended): Day Hospital Association - Conditional Exemption Granted
Notice No. 1977 of 2022
Annexure
Annexure 1: Exemption Conditions
1. Preamble
2. Conditions
3. Variation Clause
Notice in terms of Section 10(7) of the Competition Act 89 of 1998 (As Amended): The Abalone Farmers Association of South Africa granted Conditional Exemption
Notice No. 2047 of 2022
Notice in terms of Section 10(7) of the Competition Act, 1998 (As Amended): Day Hospital Association - Amendment of Effective Date in respect of Conditional Exemption
Notice No. 2067 of 2022
Annexure
Annexure 1 : Conditions and Monitoring Mechanisms
1. Preamble
2. Conditions
3. Variation Clause
Notice in terms of Section 43B(4)(b) of the Competition Act No. 89 of 1998 (As Amended): Notice of Extension Granted: Online Intermediation Platforms Market Inquiry
Notice No. 1379 of 2022
Notice in terms of Section 10(7) of the Competition Act No. 89 of 1998 (As Amended): The Competition Commission of South Africa - Notice of Amendments to the Conditions of Exemption
Notice No. 2845 of 2022
Notice in terms of the Competition Act No. 89 of 1998 (As Amended): Regulations relating to Appeals arising from market inquiries before the Competition Tribunal in terms of section 43F and Regulations relating to a Divestiture Recommendation by the Commi
Notice No. 3445 of 2023
Rules relating to Appeals arising from Market Inquiries before the Competition Tribunal
Extension of the Conditional Exemption granted to the National Hospital Network
Notice No. 4126 of 2023
Notice in terms of Section 10(7) of the Competition Act No. 89 of 1998 (As Amended): South African Petroleum Industry Association granted Conditional Exemption
Notice No. 4199 of 2023
Notice in terms of Section 10(7) of the Competition Act No. 89 of 1998 (As Amended): South African Petroleum Industry Association granted Conditional Exemption
Notice No. 4561 of 2024
Notice in terms of Section 10(7) of the Competition Act No. 89 of 1998 (As Amended) - The National Hospital Network Conditional Exemption Granted
Notice No. 5022 of 2024
Annexures
Annexure A: Exemption Conditions
Extension of the Conditonal Exemption granted to the Marang Africa Healthcare Proprietary Limited
Notice No. 5023 of 2024
Rules for the Conduct of Proceedings
Competition Appeal Court Rules
Regulating the Functions of the Competition Appeal Court
Notice No. 857 of 2000
Part 1 : General Provisions
Division A : Interpretation
1. Short title
2. Interpretation
Division B : Court Office Functions
3. Office hours and address of Court
4. Condonation of Time limits
5. Registrar
Part 2 : Delivery of Documents
6. Delivery of documents
7. Filing documents
8. Service on Commission, Tribunal and Minister
9. Format of Documents and Preparation of the Court Record
10. Fees
Part 3 : Access to Court Records
11. Identifying confidential Information
12. Use of confidential Information
13. Access to Information
Part 4 : The Court
14. Sittings
15. Matters before a single judge
Part 5 : Procedure on Appeal
16. Notice of Appeal
17. Urgent matters
18. Cross appeals
19. Appeal Record
20. Contents of Appeal Record
21. Heads of Argument
22. Hearing date
Part 6 : Procedure on Review
23. Application to review
24. Answer
25. Reply
26. Set down
27. Heads of Argument
Part 9 : Miscellaneous Provisions
28. Amicus curiae submissions
29. Procedure for leave to appeal a decision of the Court
30. Consolidation of Proceedings
31. Representation of parties
32. Court may condone non-compliance with Rules
33. Cost and taxation
34. Conduct of hearings
35. Heads of Argument
36. Transition
Annexures
Annexure 1
Table 1 Methods and times for delivery of Documents
Competition Commission Rules
Competition Commission
Part 1 - General Provisions
Division A - Interpretation
1. Short title
2. Interpretation
Division B - Commission Office Functions
3. Office hours and address of Commission
4. Time limits
5. Commissioner's functions
Part 2 - Delivery of Documents
6. Delivery of documents
7. Filing documents
8. Fees
9. Form of notices and applications
10. Form of Certificates and Notices of Referral
11. Form of Annual Report
Part 3 - Access to Commission Records
12. Restricted information
13. Right of informants to claim confidentiality or request restricted access
14. Access to information
Part 4 - Complaint Procedures
15. Information concerning alleged prohibited practices
16. Complaints initiated by Commissioner
17. Submissions by persons other than Commissioner
18. Declaration of material interest
19. Resolution of complaint
20. Consent orders
Part 5 - Exemption Procedures
21. Procedures relating to exemption applications (Section 10)
22. Procedures related to revoking exemption certificates (Section 10)
23. Procedures relating to exemption applications (Schedule 1)
24. Procedures related to revoking exemption certificates (Schedule 1)
Part 6 - Merger Procedures
25. Merger Parties and Participants
26. Merger filing requirements
27. Initial review of merger notices
28. Withdrawal of merger notices
29. Effect of rejection or withdrawal of notice
30. Participation by Minister in Commission merger proceedings
31. Additional information
32. Merger investigations
33. Intermediate mergers
34. Breach of merger approval conditions or obligations
35. Revocation of approval of intermediate merger
36. Large mergers
Tables
CCR 1 - Methods and times for delivery of Documents
CCR 2 - Notices and Applications
CCR 3 - Certificates and Notices of Referral
Competition Tribunal Rules
Competition Tribunal
Part 1 - General Provisions
Division A - Interpretation
1. Short title
2. Interpretation
Division B - Tribunal Office Functions
3. Office hours and address of Tribunal
4. Time limits
5. Registrar
Part 2 - Delivery of Documents
6. Delivery of documents
7. Filing documents
8. Filing fees
9. Form of Notices and Applications
10. Form of Certificates and Notices
11. Form of Annual Report
Part 3 - Access to Tribunal Records
12. Right of informants to claim confidentiality
13. Access to, and use of, information
Part 4 - Tribunal Procedures
Division A - Complaint Procedures
14. Complaint register
15. Initiating complaint proceedings
16. Declaration of material interest
17. Form of Complaint Referral
18. Answer
19. Reply
20. Amending documents
21. Completion of complaint file
22. Complaint hearings
23. Pre-hearing conferences
24. Other powers of member at pre-hearing conference
25. Settlement conference
26. Initiating consent hearings
27. Consent hearings
Division B - Interim Relief in terms of Section 59
28. Initiating interim relief procedures
29. Answering and Replying affidavits
30. Interim relief hearings
Division C - Merger Proceedings
31. Merger Parties and Participants
32. Participation by Minister in merger proceedings
33. Requests for consideration of intermediate mergers
34. Intermediate merger pre-hearing procedures
35. Intermediate merger hearing procedures
36. Referral of large mergers
37. Revocation of approval or conditional approval
Division D - Exemption Appeal Proceedings
38. Initiating exemption appeals
39. Appeal record
40. Heads of argument
41. Appeal hearing
Division E - Other Appeals, Reviews, Variations, or Enforcement Proceedings
42. Initiating other proceedings
43. Answering and Replying affidavits
44. Hearings
Part 5 - Representation of Parties, Intervenors, Witnesses, and Interpreters
45. Representation of parties
46. Joinder or substitution of parties
47. Intervenors
48. Summonsing witnesses
49. Witness fees
50. Interpreters and translators
Part 6 - Withdrawals, Postponements, Set-down, and Matters Struck-off
51. Withdrawals and postponements
52. Set down of matters
53. Matters struck-off
Part 7 - Procedures Generally
54. Conduct of hearings
55. Guidelines
56. Record of hearing
Part 8 - Orders, Costs and Taxation
57. Default orders
58. Costs and taxation
Tables
CTR 1 - Methods and times for delivery of Documents
CTR 2 - Notices and Applications
CTR 3 - Certificates and Notices
Competition Tribunal : Notification of Decision to Approve Merger
Notice No. 892 of 2017
Competition Commission Rules
means the rules promulgated in terms of the Act for the regulation of procedures of the Commission.
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