Competition Amendment Act 18 of 2018 (English / Afrikaans)

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18 of 2018

The Competition Amendment Act 18 of 2018 intends:

  • to amend the Competition Act, 1998, so as:
    • to introduce provisions that clarify and improve the determination of prohibited practices relating to restrictive horizontal and vertical practices, abuse of dominance and price discrimination and to strengthen the penalty regime; to introduce greater flexibility in the granting of exemptions which promote transformation and growth;
    • to strengthen the role of market inquiries and merger processes in the promotion of competition and economic transformation through addressing the structures and de-concentration of markets;
    • to protect and stimulate the growth of small and medium businesses and firms owned and controlled by historically disadvantaged persons while at the same time protecting and promoting employment, employment security and worker ownership;
    • to facilitate the effective participation of the National Executive within proceedings contemplated in the Act, including making provision for the National Executive intervention in respect of mergers that affect the national security interests of the Republic;
    • to mandate the Competition Commission to act in accordance with the results of a market inquiry; to amend the process by which market inquiries are initiated and promote greater efficiency regarding the conduct of market inquiries;
    • to clarify and foster greater certainty regarding the determination of confidential information and access to confidential information;
    • to provide the Competition Commission with the powers to conduct impact studies on prior decisions;
    • to promote the administrative efficiency of the Competition Commission and Competition Tribunal; and
  • to provide for matters connected therewith.

Commencement

  • 12 July 2019 (Gazette 42578 of 12 July 2019), Sections:
    • 1, except for par (d),
    • 2
    • 5, other than section 8(4) of the Competion Act
    • 7(b) to (e)
    • 8 to 13
    • 15 to 26
    • 29 to 32
    • 33, other than in so far as par (a) thereof relates to section 8(4) and 9(1A) of the Competition Act
    • 34
    • 35(b)
    • 36 to 44
    • 45(b) and (d) to (i)
    • 46
  • 13 February 2020 (Gazette 43018 of 13 February 2020), Sections
    • 5, in so far as it relates to section 8(4) of the Competition Act, No. 89 of 1998
    • 6
    • 27, 28
    • 33(a) in so far as it relates to Sections 8(4) and 9(1A) of the Competition Act, No. 89 of 1998