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

Chapter 2 : Prohibited Practices

Part B : Abuse of a Dominant Position

6. Restricted application of Part

 

(1) The Minister, in consultation with the Competition Commission, must determine—
(a) a threshold of annual turnover, or assets, in the Republic, either in general or in relation to specific industries, below which this Part does not apply to a firm; and
(b) a method for the calculation of annual turnover or assets to be applied in relation to that threshold.

 

(2) The Minister may make a new determination in terms of subsection (1) in consultation with the Competition Commission.

 

(3) Before making a determination contemplated in this section, the Minister, in consultation with the Competition Commission, must publish in the Gazette a notice
(a) setting out the proposed threshold and method of calculation for purposes of this section; and
(b) inviting written submissions on that proposal.

 

(4) Within six months after publishing a notice in terms of subsection (3), the Minister, in consultation with the Competition Commission, must publish in the Gazette a notice—
(a) setting out the threshold and method of calculation for purposes of this section; and
(b) the effective date of that threshold.

 

[Section 6 substituted by section 4 of Notice No. 1354, GG 21880, dated 13 December 2000]