ENERGY CRISIS: INPUT SOUGHT ON COMPETITION ACT EXEMPTION PROPOSALS

The Department of Trade, Industry & Competition has called for input by 23 March 2023 on proposals for exempting certain energy suppliers and users from provisions in sections 4 and 5 of the Competition Act, 1998. These sections respectively prohibit restricted anti-competitive horizonal and vertical agreements and practices.

According to the Government Gazette notices concerned, once in force the exemptions are expected to:

  • promote collaboration between energy and related product and service suppliers (with the aim of increasing and optimising energy supply in the market)
  • reduce the cost of energy supply, and
  • promote collaboration between energy users (with the aim of securing back-up/alternative energy supplies, facilitating the optimal and most efficient use of energy, and reducing energy costs).

More information is provided in the documents below:

  • draft exemption for energy suppliers
  • draft exemption for energy users

Published by SA Legal Academy Policy Watch

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