Public Service Commission Act, 1997
R 385
Competition Act, 1998 (Act No. 89 of 1998)Chapter 4A : Market Inquiries43C. Matters to be decided at market inquiry |
| (1) | In a market inquiry, the Competition Commission must decide— |
| (a) | whether any feature, including structure and levels of concentration, of each relevant market for any goods or services impedes, restricts or distorts competition within that market; and |
| (b) | on the procedures to be followed at the market inquiry. |
| (2) | In making its decision in terms of subsection (1)(a), the Competition Commission must have regard to the impact of the adverse effect on competition on small and medium businesses, or firms controlled or owned by historically disadvantaged persons. |
| (3) | If the Competition Commission decides that there is an adverse effect on competition, it must determine— |
| (a) | the action that must be taken in terms of section 43D; |
| (b) | whether it must make recommendations to any Minister, regulatory authority or affected firm to take action to remedy, mitigate or prevent the adverse effect on competition; |
| (c) | if any action must be taken in terms of paragraph (b), the action that must be taken in respect of what must be remedied, mitigated or prevented. |
| (4) | In determining the matters in subsection (3), the Competition Commission must have regard to the need to achieve as comprehensive a solution as is reasonable and practicable |
[Section 43C (Outcome of market inquiry) repealed by section 25 and new section 43C inserted by section 26 of Notice 175, GG 42231, dated 14 February 2019]
