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

Regulations

Regulations on Non-Binding Advisory Opinions, 2024

3 - 7. Request for a Non-Binding Advisory Opinion

 

3. A request for a non-binding advisory opinion must be made in writing to the Commission.

 

4. The request for a non-binding advisory opinion must include, inter alia, the following:
4.1 the name of requesting party;
4.2 market(s) in which the requesting party operates (if any);
4.3 reason(s) why a non-binding advisory opinion is sought from the Commission;
4.4 nature of the legal advice sought;
4.5 the  relevant information to  enable the Commission to  determine whether the requesting party falls within the category of firms contemplated in regulation 8; and
4.6 all  relevant  facts, information and supporting documents that may  assist  the Commission in providing the non-binding advisory opinion.

 

5. The Commission may request additional facts, information and/or supporting documents for purposes of considering a request for a non-binding advisory opinion.

 

6. The requesting party shall be entitled to claim confidentiality over any aspect of the request for a non-binding advisory opinion in terms of section 44 of the Act and the Competition Commission's  Rules.

 

7. A requesting party is entitled to withdraw their request for a non-binding advisory opinion; however, such withdrawal will not result in a refund of any fees paid.