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

Chapter 5 : Investigation and Adjudication Procedures

Purchase

(1)	If a merger is implemented in contravention of Chapter 3, the Competition Tribunal may—

(a)	order a party to the merger to sell any shares, interest or other assets it has acquired pursuant to the merger: or

(b)	declare void any provision of an agreement to which the merger was subject.

(2)	The Competition Tribunal, in addition to or in lieu of making an order under section 58, may make an order directing any firm, or any other person, to sell any shares, interest or assets of the firm if—

(a)	it has contravened section 8, and

(b)	the prohibited practice —

(i)	cannot adequately be remedied in terms of another provision of this Act;

(ii)	is substantially a repeat by that firm of conduct previously found by the Tribunal to be a prohibited practice; or

[Section 60(2)(b) substituted by section 34(a) of Notice 175, GG 42231, dated 14 February 2019]

(c)	after a market inquiry conducted in terms of Chapter 4A, the Competition Commission finds that there is an adverse effect on competition in the relevant market and makes a recommendation to the Competition Tribunal that such an order is appropriate

[Section 60(2)(c) inserted by section 34(b) of Notice 175, GG 42231, dated 14 February 2019]

(3)	An order made by the Competition Tribunal in terms of subsection (2), except an order made in terms of section 43D(2), is of no force or effect unless confirmed by the Competition Appeal Court.

[Section 60(3) substituted by section 34(c) of Notice 175, GG 42231, dated 14 February 2019]

(4)	An order made in terms of subsection (1) or (2) may set a time for compliance, and any other terms that the Competition Tribunal considers appropriate, having regard to the commercial interests of the party concerned and the purposes of this Act.

[Section 60(4) substituted by section 33(d) of Notice 175, GG 42231, dated 14 February 2019]

[Section 60 substituted by section 15 of Notice No. 1354, GG 21880, dated 13 December 2000]