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

Regulations

Buyer Power Regulations, 2020

3. Factors of buyer power to be satisfied to establish a contravention

 

The factors that must be considered in the establishment of a contravention of section 8(4)(a) include whether—

 

(a) the buyer operates within a sector designated by the Minister in terms of regulation 6;
(b) the buyer is dominant within the meaning of section 7;
(c) the supplier falls within the designated class of suppliers;
(d ) the price or trading condition is required from or imposed on the supplier by the buyer; or
(e) the price or trading condition is unfair.