The Competition Commission has gazetted guidelines on the exchange of competitively sensitive information. This follows their release in September 2022 for public comment.
The purpose of the guidelines is to address uncertainty in some quarters about the difference between permissible and impermissible information exchange under section 4 of the Competition Act, 1998 (restrictive horizontal practices). This is noting that permissible information exchange should enhance efficiencies in the sector concerned, but that the exchange of certain types of information ‘may potentially be harmful to competition’.
Published by SA Legal Academy Policy Watch