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National Gambling Act, 2004 (Act No. 7 of 2004)

Chapter 3 : Jurisdiction and Licensing

Part E : Additional norms and standards concerning non-employment licences

54. Competition issues to be considered

 

1) When considering an application for a licence, other than an employment licence, or when considering an application for the transfer of a licence, a provincial licensing authority or the board must consider whether approving the application is likely to substantially affect competition in the gambling industry generally, or in respect of the proposed activity-
a) within that province, in the case of a provincial licence; or
b) within the Republic, in the case of a national licence.

 

2) After considering the matters contemplated in subsection (1), the provincial licensing authority or the board must refuse the application unless there are overriding public interest reasons for approving it, if it appears that approving the application would result in the applicant, alone or in conjunction with a related person, achieving market power.

 

3) For the purposes of subsection (2)-

"market power" has the meanings et out in section 1 of the Competition Act, 1998 (Act No. 89 of 1998);

"public interest reasons" include the reasons set out in section 12A (3) of the Competition Act, 1998; and

"a related person" means a person-

i) who has direct or indirect control over the applicant;
ii) over whom the applicant has direct or indirect control; or
iii) who is directly or indirectly controlled by a person referred to in subparagraph (i) or (ii).