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Competition Amendment Bill, 2017

Call for comments opened 01 December 2017

Submissions must be received by no later than 01 February 2018

Economic Development

The Minister of Economic Development published the Competition Amendment Bill, 2017 for public comment.

Comments can be emailed to competitionbill@economic.gov.za  by no later than Thursday, 1 February 2018.

 

Accompanying the Bill is the Background Note on the Competition Amendment Bill, 2017 and an Explanatory Memorandum.

Please click here for the Bill: Competition Amendment Bill 2017. GZ 41294

The main objectives of the amendments are to address two persistent structural constraints on the South African economy: the high levels of economic concentration in the economy and the skewed ownership profile of the economy.

This is done through:

  • Strengthening the provisions of the Competition Act relating to prohibited practices, especially abuse of dominance, price discrimination and mergers;
  • Requiring special attention to be given to the impact of anti-competitive conduct on small businesses and firms owned by historically disadvantaged persons;
  • Strengthening the provisions relating to market inquiries so that:(a) the outcomes of these inquiries result in action that promotes competition; (b) there is guidance on how to evaluate the adverse features of a market; and, (c) requiring special attention upon small businesses and firms owned by historically disadvantaged persons;
  • Providing the Executive with effective means of participating in competition related proceedings and the power to initiate market inquiries into a sector; and
  • Promoting the administrative efficacy of the Competition Commission, market inquiries and the Competition Tribunal.