Acts Online
GT Shield

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

Regulations

Price Discrimination Regulations, 2020

4. Price Discrimination

 

Factors and benchmarks that may be relevant as to whether the price discrimination by a dominant firm is likely to impede effective participation by a designated class of purchaser includes:

 

(a) The extent of the difference in respect of price or other factors outlined in section 9(1)(c) of the Act relative to other purchasers in the same market or in markets in which the purchaser in the designated class is a potential competitor;
(b) the significance of the input in the cost structure of the purchaser in the designated class of purchaser or as a driver of sales in the downstream market for the purchaser in the designated class of purchaser;
(c) the duration and timing of the price differential;
(d) the likelihood that the differential treatment would result in the purchaser in the designated class of purchaser facing decreased demand for its goods or services in the downstream market; and
(e) the likelihood that the differential treatment would result in decreased investment by the purchaser in the designated class.