| (1) |
The Competition Commission is responsible to— |
| (a) |
implement measures to increase market transparency; |
| (b) |
implement measures to develop public awareness of the provisions of this Act; |
| (c) |
investigate and evaluate alleged contraventions of Chapter 2 or 3; |
[Section 21(1)(c) substituted by section 5(a) of Notice No. 875, GG 32533, dated 28 August 2009]
| (d) |
grant or refuse applications for exemption in terms of Chapter 2; |
| (e) |
authorise, with or without conditions, prohibit or refer mergers of which it receives notice in terms of Chapter 3; |
| (f) |
negotiate and conclude consent orders in terms of section 49D; |
[Section 21(1)(f) substituted by section 5(b) of Notice No. 875, GG 32533, dated 28 August 2009]
| (g) |
refer matters to the Competition Tribunal, and appear before the Tribunal, as required by this Act; |
| (gA) |
initiate and conduct market inquiries in terms of Chapter 4A; |
[Section 21(1)(gA) inserted by section 16(a) of Notice No. 175, GG 42231, dated 14 February 2019]
| (gB) |
conduct impact studies in terms of section 21A; |
[Section 21(1)(gB) inserted by section 16(a) of Notice No. 175, GG 42231, dated 14 February 2019]
| (gC) |
grant or refuse applications for leniency in terms of section 49E; |
[Section 21(1)(gC) inserted by section 16(a) of Notice No. 175, GG 42231, dated 14 February 2019]
| (gD) |
develop a policy regarding the granting of leniency to any firm contemplated in section 50; |
[Section 21(1)(gD) inserted by section 16(a) of Notice No. 175, GG 42231, dated 14 February 2019]
| (gE) |
issue guidelines in terms of section 79; and |
[Section 21(1)(gE) inserted by section 16(a) of Notice No. 175, GG 42231, dated 14 February 2019]
| (gF) |
issue advisory opinions in terms of section 79A; |
[Section 21(1)(gF) inserted by section 16(a) of Notice No. 175, GG 42231, dated 14 February 2019]
| (g) |
negotiate agreements with any regulatory authority to co-ordinate and harmonise the exercise of jurisdiction over competition matters within the relevant industry or sector, and to ensure the consistent application of the principles of this Act; |
| (h) |
participate in the proceedings of any regulatory authority; |
| (i) |
advise, and receive advice from, any regulatory authority; |
| (j) |
over time, review legislation and public regulations, and report to the Minister concerning any provision that permits uncompetitive behaviour; and |
| (k) |
deal with any other matter referred to it by the Tribunal. |
| (1A) |
The Competition Commission may exercise jurisdiction by way of an agreement contemplated in section 3(3) and subsection (1)(h). |
[Section 21(1A) inserted by section 16(b) of Notice No. 875, GG 32533, dated 28 August 2009]
| (2) |
In addition to the functions listed in subsection (1), the Competition Commission may— |
| (a) |
report to the Minister on any matter relating to the application of this Act; |
| (b) |
enquire into and report to the Minister on any matter concerning the purposes of this Act; and |
| (c) |
perform any other function assigned to it in terms of this or any other Act. |
| (3) |
The Minister must table in Parliament any report submitted in terms of subsection (1)(k) or section 43E(1), and any report submitted in terms of subsection (2) if that report deals with a substantial matter relating to the purposes of this Act— |
[Words preceding section 21(3)(a) substituted by section 16(b) of Notice No. 175, GG 42231, dated 14 February 2019]
| (a) |
within 30 business days after receiving that report from the Competition Commission; or |
[Section 21(3)(a) substituted by section 5(d) of Notice No. 875, GG 32533, dated 28 August 2009]
| (b) |
if Parliament is not then sitting, within 30 business days after the commencement of the next sitting. |
[Section 21(3)(b) substituted by section 5(d) of Notice No. 875, GG 32533, dated 28 August 2009]
| (4) |
The Minister, in consultation with the Commissioner, and by notice in the Gazette, may prescribe regulations for matters relating to the functions of the Commission, including— |
| (c) |
information required; |
| (d) |
additional definitions; |
| (g) |
manner and form of participation in Commission procedures; and |
Implementation of Geneva Conventions Act, 2012
