COMPETITION ACT: DRAFT REGULATIONS OUT FOR COMMENT

COMPETITION ACT: DRAFT REGULATIONS OUT FOR COMMENT

• 27 December 2023
• Trade, Industry & Competition
• SA Legal Academy

The Department of Trade, Industry & Competition has called for input by 26 January 2024 on draft regulations setting out the process for requesting a non-binding advisory opinion from the Competition Commission in terms of section 79A of the Competition Act, 1998.

They include proposals for a fee structure that, once finalised, will replace fees prescribed in the Competition Commission rules. However, as far as can be ascertained, there is no formally gazetted version of these rules electronically available. Neither is it clear how many times they have been amended. The version available on the Commission’s website is undated.

This notwithstanding, regarding the legal status of such an opinion it is envisaged that:

• its objective would be to assist firms by providing non-binding guidance on compliance with the Act
• the opinion would:
  • neither constitute a Commission decision/finding nor ‘fetter the Commission’s discretion’ in exercising its functions in terms of the Act
  • longer apply should there be any change in information supplied by the requesting party
  • be subject to review, revision or withdrawal at the Commission’s ‘reasonable discretion’, and
  • have ‘no binding legal effect’ on the Commission, the Competition Tribunal, the Competition Appeal Court or the requesting party but might nevertheless be considered by ‘any person interpreting or applying the Act’.

Please click the links below for more information:

• draft regulations
• Commission rules (undated)

Published by SA Legal Academy Policy Watch

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