Notice No. 5160

30 August 2024

GG 51132

Department of Trade, Industry and Competition

On 28 October 2019, the South African Petroleum Industry Association (“SAPIA”) and its members applied to the Competition Commission of South Africa (“Commission”) in terms of section 10(1)(b) of the Competition Act 89 of 1998, as amended (“the Act”) to be exempted from certain provisions of section 4 of the Act (“2020 Exemption Application”). 1

Notice is hereby given in terms of section 10(7) of the Act that the Commission has granted SAPIA a conditional exemption in respect of its 2020 Exemption Application for a period of twenty-three (23) months from 01 August 2024 up to and including 30 June 2026, which is expiry date is in line with the designation status granted by the Minister of Trade, Industry and Competition granted to the South African petroleum industry.2

The exemption granted by the Commission covers a wide range of agreements and practices which, according to SAPIA, are required to ensure the continuity and stability of liquid fuels supply to various sectors and geographic locations of the South African economy. In particular, the exemption covers agreements and practices in the petroleum and refinery industry which are considered by the Commission to be in contravention of sections 4(1)(a) and (b) of the Act. SAPIA based its application on the premise that the aforesaid agreements and practices are required to obtain the objective set out under section 10(3)(b)(iv) of the Act.

The exemption is granted on the terms and conditions out in the Annexure attached hereto. SAPIA or any other person with substantial financial interest affected by this decision may appeal it to the Competition Tribunal in the prescribed manner in terms of section 10(8) of the Act.

Further queries should be directed to Mr. Marlon Dasarath at [email protected].

In correspondence, kindly refer to the following case number: 2020OCT0044

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1 See Commission Case Number 2020OCT0044

2 See Government Gazette No. 50680 of 21 May 2024