Competition Act, 1998
Chapter 2 Prohibited Practices
Part B Abuse of a Dominant Position
6. Restricted application of Part

 

 

1)        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.".