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

Chapter 8 : General Provisions

82. Relationship with other agencies

 

(1) A regulatory authority which, in terms of any public regulation, has jurisdiction in respect of conduct regulated in terms of Chapter 2 or 3 or on matters set out in Chapter 4A within a particular sector—

[Words preceding section 82(1) substituted by section 42 of Notice 175, GG 42231, dated 14 February 2019]

(a) must negotiate agreements with the Competition Commission, as anticipated in section 21(1)(h); and
(b) in respect of a particular matter within its jurisdiction, may exercise its jurisdiction by way of such an agreement.

 

(2) [Section 82(2) deleted by section 14(a) of Notice No. 875, GG 32533, dated 28 August 2009]

 

(3) In addition to the matters contemplated in section 21(1)(h), an agreement contemplated in subsection (1), section 3(3)(b) and section 21(1)(h) must—

[Words preceding section 82(3)(a) substituted by section 14(b) of Notice No. 875, GG 32533, dated 28 August 2009]

(a) identify and establish procedures including dispute resolution for the management of areas of concurrent jurisdiction;

[Section 82(3)(a) substituted by section 14(c) of Notice No. 875, GG 32533, dated 28 August 2009]

(b) promote co-operation between the regulatory authority and the Competition Commission;
(c) provide for the exchange of information and the protection of confidential information; and
(d) be published in the Gazette for public comment.

[Section 82(3)(d) substituted by section 14(c) of Notice No. 875, GG 32533, dated 28 August 2009]

 

(4) The President may assign to the Competition Commission any duty of the Republic, in terms of an international agreement relating to the purpose of this Act, to exchange information with a similar foreign agency.

 

[Section 82 substituted by section 20 of Notice No. 1354, GG 21880, dated 13 December 2000]