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

Regulations

Consumer and Customer Protection and National Disaster Management Regulations and Directions

4. Excessive Pricing

 

4.1. In terms of section 8 (1) of the Competition Act a dominant firm may not charge an excessive price to the detriment of consumers or customers.

 

4.2. In terms of section 8 (3)(f) of the Competition Act during any period of the national disaster, a material price increase of a good or service contemplated in Annexure A which—
4.2.1. does not correspond to or is not equivalent to the increase in the cost of providing that good or service; or
4.2.2. increases the net margin or mark-up on that good or service above the average margin or mark-up for that good or service in the three month period prior to 1 March 2020,

is a relevant and critical factor for determining whether the price is excessive or unfair and indicates prima facie that the price is excessive or unfair.