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

Notices

Guidelines on collaboration in the implementation of the South African Value Chain Sugarcane Master Plan to 2030

2. Definitions

 

Unless the context indicates otherwise, the following terms are applicable to these Guidelines—

 

2.1. “Act” means the Competition Act No. 89 of 1998, as amended;

 

2.2. “Aggregated information” means information which does not identify an individual firm’s competitively sensitive information;

 

2.3. “Competitively sensitive information” means information that is important to rivalry between competing firms and likely to have an impact on one or more of the dimensions of competition (price, output, quality, and innovation). Competitively sensitive information includes, inter alia, prices, customer lists, production costs, sales volumes, capacities, investments;

 

2.4. “Commission” means the Competition Commission, a juristic person established in terms of section 19 of the Act empowered to investigate, control and evaluate competition matters in South Africa in accordance with the Act;

 

2.5. “Disaggregated information” means information which identifies an individual’s firm’s competitively sensitive information;

 

2.6. “DTIC” means the Department of Trade, Industry and Competition;

 

2.7. “Firm” includes a person (juristic or natural), partnership or a trust. This may include a combination of firms that form part of a single economic entity, a division and/or a business unit of a firm;

 

2.8. “Guidelines” mean these guidelines that have been prepared and issued in terms of section 79(1) of the Act;

 

2.9. “Independent Facilitator” means a person or firm with no direct or indirect commercial links or otherwise with the sugar industry or the concerned firm, appointed to facilitate the sharing of competitively sensitive information between the DTIC and the sugar industry or the concerned firm;

 

2.10. “Minister” means the Minister of Trade, Industry and Competition; and

 

2.11. “Sugar industry” includes sugar cane growers, farmers, millers, industrial sugar users, wholesalers, and retailers.