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

Notices

Guidelines for the Determination of Administrative Penalties for Prohibited Practices

3. Objectives

 

3.1 The primary objective of these guidelines is to provide some measure of transparency and objectivity in how the Commission will determine administrative penalties.

 

3.2 In developing these guidelines, the Commission conducted a review and comparison of guidelines and penal codes developed by other competition authorities such as the European Commission and the United Kingdom's Competition and Markets Authority as well as the principles laid out by the Tribunal (and endorsed by the CAC) in its six-step methodology. In doing so, the Commission was mindful of the nuances and variations in each jurisdiction, including the statutory mandate that the competition authorities in these jurisdictions have to impose administrative penalties. The Commission was further mindful of the differences in the nature of prohibited practices under Chapter 2 of the Act.