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COMPETITION LAW: DIVESTITURE RECOMMENDATION PROCESS RULES OUT FOR COMMENT
- 12 December 2025
- Trade, Industry & Competition
- SA Legal Academy
The Department of Trade, Industry & Competition has gazetted draft rules on the process for determining the Competition Commission’s recommendations for divestiture – calling for input by 11 January 2026. Since the commentary period coincides with the festive season, this deadline may eventually be extended.
Prepared in terms of section 43D(2) of the 1998 Competition Act (duty to remedy adverse effects on competition) the draft rules may well be a revised version of those published in March 2023 for public comment. However, while a Government Gazette notice accompanying the latest proposals refers to this, whether they reflect any of the input received is not clear.
The March 2023 version included appeals arising from market inquiries before the Competition Tribunal, as SA Legal Academy reported at the time.
- draft rules
- March 2023 version
- Act, as amended (SAFLII)
Published by SA Legal Academy Policy Watch
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