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

Regulations

Buyer Power Regulations, 2020

1. Interpretation

 

In these Regulations—

 

(a) a word or expression to which a meaning has been assigned in the Act, has the meaning so assigned,;
(b) a reference to a section by number refers to the corresponding section of the Act;
(c) a reference to a regulation by number refers to the corresponding item of these Regulations, and

 

unless the context indicates otherwise,

 

"agro- processing sector"

constitutes the processing of raw materials and intermediate products derived from the agricultural sector, including agriculture, forestry and fisheries;

 

"designated class of supplier"

means small business or medium sized business as defined in section 1 of the Act and any regulations made by the Minister; or alternatively a firm controlled and owned by historically disadvantaged persons within the meaning of the Act and within the benchmarks determined by these Regulations;

 

"grocery wholesale and retail sector"

constitutes the wholesale or retail of food, pet food, drinks, cleaning products, toiletries and household goods;

 

"ecommerce"

includes the sale, or facilitation of sale, of goods supplied by third party businesses;

 

"ecommerce and online services sector"

constitutes the online sale of goods or services to businesses or consumers;

 

"online services"

include—

(a) the provision or facilitation of a service using contracted individuals or other businesses to supply the service that forms the basis for an online sale; and
(b) online e-commerce market places, online application stores and so-called 'gig economy' services.

 

"price"

includes discounts, rebates, commissions, allowances or credit;

 

"trading conditions"

include any explicit terms contained in contractual arrangements as well as any implied or actual trading terms implemented by the buyer outside of the supply contract; and

 

"the Act"

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