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

Chapter 4A : Market Inquiries

43G. Participation in and representation to market inquiry

 

(1) In accordance with the procedures adopted by the inquiry, the following persons may participate in a market inquiry—
(a) firms, including small and medium businesses, in the market that is the subject of the inquiry;
(b) any registered trade union that represents a substantial number of employees or the employees or representatives of the employees if there are no registered trade unions at the firms referred to in paragraph (a);
(c) officials and staff of the Competition Commission or witnesses, who in the opinion of the Commission, would substantially assist with the work of the inquiry;
(d) a regulatory authority referred to in section 82(1);
(e) the Minister;
(f) at the request of the Minister, any Minister responsible for the sector that includes, or is materially affected by, the market that is the subject of the inquiry; and
(g) any other person—
(i) who has a material interest in the market inquiry;
(ii) whose interest is, in the opinion of the Competition Commission, not adequately represented by another participant; and
(iii) who would, in the opinion of the Competition Commission, substantially assist with the work of the inquiry.

 

(2) The Competition Commission must take reasonable steps to promote the participation of small and medium businesses, who have a material interest in the inquiry and are, in the opinion of the Competition Commission, not adequately represented.

 

(3) Subject to the procedures and time periods adopted for the inquiry, any person may make representations to the market inquiry on any issue related to the terms of reference published in terms of section 43B(2).

 

(4) Subject to the procedures and time periods adopted for the inquiry, participants referred to in subsection (1) may be required to respond to surveys and questionnaires, requests for information and submissions issued by the Commission.

 

[Section 43G inserted by section 26 of Notice 175, GG 42231, dated 14 February 2019]