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

Regulations

Regulations on Non-Binding Advisory Opinions, 2024

11 - 15. Legal Status of a Non-Binding Advisory Opinion

 

11. The objective of the non-binding advisory opinion is to assist firms to comply with the provisions of the Act and to provide firms with non-binding guidance on compliance with the Act.

 

12. A non-binding advisory opinion does not constitute a decision or a finding of the Commission in terms of the Act and does not fetter the Commission's discretion in the exercise of its functions in terms of the Act. A non-binding advisory opinion is issued based on information submitted to the Commission by the requesting party.

 

13. A non-binding advisory opinion contemplated in section 79A has no binding legal effect on the Commission, the Competition Tribunal, the Competition Appeal Court, and the requesting party but any person interpreting or applying the Act may take it into account when doing so.

 

14. The Commission may, in the exercise of its reasonable discretion, at any time review, revise or withdraw its non-binding advisory opinion, with reasons, if the advisory opinion is likely to undermine the objectives of the Act after having given the requesting party reasonable notice thereof.

 

15. Should the facts and information submitted to the Commission in the request for a non-binding advisory opinion change in any way, the non-binding advisory opinion issued by the Commission will not apply to such changed facts.