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Competition Act, 1998

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To provide for the establishment of a Competition Commission responsible for the investigation, control and evaluation of restrictive practices, abuse of dominant position, and mergers; and for the establishment of a Competition Tribunal responsible to adjudicate such matters; and for the establishment of a Competition Appeal Court; and for related matters.

 

Last update: July 2021


Copyright: This Act reproduced under Government Printers Copyright Authority 10154 dated 20 March 1996


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Latest Developments:

 

The Competition Act 1998 (Act No. 89 of 1998), has been updated by the publication of Guidelines on collaboration in the implementation of the South African Value Chain Sugarcane Master Plan to 2030, as per Notice No. 622 of GG44866 dated 16 July 2021.

 

The Competition Act 1998 (Act No. 89 of 1998), has been updated by the publication of a Block Exemption for the Security of Essential Goods, 2021, as per Notice No. 616 of GG44854 dated 15 July 2021.

 

The Competition Act 1998 (Act No. 89 of 1998), has been updated by the publication of a Notice of Designation in terms of Section 10(3)(b)(iv) of the Act, as per Notice No. 568 of GG44780 dated 30 June 2021.

 

The Competition Act 1998 (Act No. 89 of 1998), has been updated by the publication of a Notice of Designation of the Sugar Industry in terms of Section 10(3)(b)(iv) of the Act, as per Notice No. 482 of GG44653 dated 3 June 2021.

 

The Competition Act 1998 (Act No. 89 of 1998), has been updated by the publication of a Notice granting conditional exemption to the South African Petroleum Industry, as per Notice No. 356 of GG44469 dated 23 April 2021.

 

The Competition Act 1998 (Act No. 89 of 1998), has been updated by the publication of a Decision to approve a Merger, as per Notice No. 218 of GG44469 dated 23 April 2021.

 

The Competition Act 1998 (Act No. 89 of 1998), has been updated by the publication of a Notice granting conditional exemption to the South African Petroleum Industry, as per Notice No. 18 of GG44074 dated 15 January 2021.

 

The Competition Act 1998 (Act No. 89 of 1998), has been updated by the publication of a Notice of Designation in terms of Section 10(3)(b)(iv) of the Act, as per Notice No. 1369 of GG44010 dated 17 December 2020.

 

The Competition Act 1998 (Act No. 89 of 1998), has been updated by the publication of the Final Forestry Sector Impact Assessment Report, as per Notice No. 1328 of GG43969 dated 11 December 2020.

 

The Competition Act 1998 (Act No. 89 of 1998), has been updated by the publication of Amended Recommendation timelines for Data Service Market Inquiry - December 2020, as per Notice No. 1294 of GG43969 dated 4 December 2020.

 

The Competition Act 1998 (Act No. 89 of 1998), has been updated to grant conditional exemption to The Abalone Farmers Association per Notice ito Section 10(7) as per Notice No. 1048 of GG43758 dated 2 October 2020.

 

The Competition Act 1998 (Act No. 89 of 1998), has been updated with Amendments to Notice R502 of 23 March 2020, Expansion of Scope of Covid-19 block Exemption for the Banking Sector as per Notice No. R502 of GG43280 dated 5 May 2020.

 

The Competition Act 1998 (Act No. 89 of 1998), has been updated with Amendments to Notice 349 of 2020, Block Exemption for the Health Care Sector 2020 as per Notice No. 456 of G43215 dated 8 April 2020.

 

The Competition Act 1998 (Act No. 89 of 1998), has been updated in respect of Tribunal Rules for COVID-19 regarding Excessive Pricing Complaint Referrals as per Notice No. 448 of G43205 dated 3 April 2020.

 

The Competition Act 1998 (Act No. 89 of 1998), has been updated in respect of COVID-19 regarding a Block Exemption for the Hotel Industry 2020 as per Notice No. 422 of G43175 dated 27 March 2020.

 

The Competition Act, 1998 (Act No. 89 of 1998) has been updated with Regulations and Directions for COVID-19 Block exemption for the retail property, 2020 as per Notice No. R358. of GG43134 dated 24 March 2020.

 

The Competition Act, 1998 (Act No. 89 of 1998) has been updated with Regulations and Directions for COVID-19 Block exemption for the banking sector, 2020 as per Notice No. R355. of GG43127 dated 23 March 2020.

 

The Competition Act, 1998 (Act No. 89 of 1998) has been updated with Regulations and Directions for Consumer and Customer Protection and National Disaster Management as per Notice No. R.350 of GG43116 dated 19 March 2020.

 

The Competition Act, 1998 (Act No. 89 of 1998) has been updated with COVID-19 Block Exemption for the Healthcare Sector 2020 as per Notice No. R349 of GG43114 dated 19 March 2020.

 

The Competition Act, 1998 (Act No. 89 of 1998) has been updated by the South African Petroleum Industry Association Granted Conditional Exemption Competition Commission as per Notice No. 204 of GG43050 dated 28 February 2020.

 

The Competition Act, 1998 (Act No. 89 of 1998) has been updated by Price Discrimination Regulations,2020 as per Notice No. 169 of GG43018 dated 13 February 2020.

 

The Competition Act, 1998 (Act No. 89 of 1998) has been updated by Buyer Power Regulations 2020 as per Notice No. 168 of GG43018 dated 13 February 2020.

 

The Competition Act, 1998 (Act No. 89 of 1998) has been by a Notice in terms of Section 1 of the Competition Act 1998 as per Notice No. 987 of GG42578 dated 12 July 2019.

 

The Competition Act, 1998 (Act No. 89 of 1998) has been amended by the Guidelines for the Determination of Administrative Penalties for Prohibited Practices, Government Gazette 38693, Notice No. 323, dated 17 April 2015.

 

The Competition Act, 1998 (Act No. 89 of 1998) was amended by the Financial Markets Act, 2012 (Act No. 19 of 2012) Government Gazette 36121, dated 1 February 2013.

 

The Act has been updated with Government Notices No. 215 and 216 of 2009, published in Government Gazette No. 31957 dated 6 March 2009.

 

The Rules for the conduct of proceedings in the Competition Appeal Court have been added to the Act, as published in Gazette 21504 and dated 1 September 2000.

Various Amendments have been made to the Act by the Competition Amendment Act, 2000, as published in Gazette 21234, dated 26 May 2000 and came into operation on 1 September 2000.

The Competition Commission Rules have been amended by Notice 2889, as published in Gazette 20752, dated 24 December 1999.As well as the Determination of Thresholds in terms of sections 6(1) and 11(1), as published in Notices 2892 and 2893 respectively.

Sections 4, 5 and 7 to 10 (Chapter 2); Sections 12 to 18 (Chapter 3); Sections 44 to 58 (Chapter 5); Sections 59 to 68 (Chapter 6); Sections 69 to 77 (Chapter 7); Sections 80 to 83 (Chapter 8) and Schedule 1; Schedule 2 and Schedule 3 came into operation on 1 September 1999.

The various amendments made by the Competition Amendment Act, 1999, have come into operation as follows: Item 4F of section 1(d) came into operation on 19 August 1999 and sections 1(a), 1(b), 1(c), items 4A, 4B, 4C, 4D and 4E of section 1(d) and section 1(e) came into operation on 1 September 1999.

Rules for the Conduct of Proceedings in the Competition Commission and the Competition Tribunal, as published in Gazette 20384 and 20386 respectively, and dated 20 August 1999, have been added to the Act.These Rules will come into operation at the time that Chapters 2, 3 and 5 of the Act come into operation, which was on 1 September 1999.

Notice Numbers 1942 and 1943, in terms of sections 6(1) and 11(1) respectively, regarding Determination of Threshold, have been added to the site.

Sections 1 to 3 (Chapter 1); sections 6 and 11; sections 19 to 43 (Chapter 4) and sections 78, 79 and 84 came into operation on 30 November 1998.