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Recent amendments to the Competition Act

Amendments to the Competition Act were published in the Government Gazette in February 2019. These are, however, not yet in force pending the publication of a date to be proclaimed by the President. Some of the more prominent changes to the Act are as follows.

Higher penalties on the cards for failing to notify mergers

When faced with legislation that requires parties to take certain steps or prevents them from implementing a particular course of action, the questions often asked include 'what are the consequences and who will be liable to pay?' For a long time been uncertainty about the penalty firms would face if they fail to notify a merger and/or implement a merger without the requisite approval of the competition authorities.

Dawn raid response tool

The South African Competition Commission has established a reputation for relentlessly pursuing its cartel enforcement objectives. Over the past three years, the Commission has raided over 70 companies and conducted hundreds of cartel investigations. It is imperative for businesses to ensure that they are prepared for a dawn raid.

Competition Commission’s inquiry into data costs to be finalised?

Few market inquiries have captured the attention of South African consumers more than the inquiry into the high costs of data in South Africa. Businesses and consumers will be waiting in anticipation for the outcome of the Commission's inquiry into data costs, which is expected to be finalised in August 2018.

Competition Commission increasingly concerned by effects of industry consolidation

The Competition Commission of South Africa is becoming increasingly concerned with the coordinated effects in mergers. Worldwide, there is increased concern by competition authorities that...

Foreign data laws

Many South African businesses have now heard of the Protection of Personal Information Act (or POPI), and some have even spent time and money implementing their policies to prepare for their new responsibilities in terms of it.

Complexities involved in assessment of excessive pricing

The South African Competition Commission recently referred a supplier of the main ingredient in bricks used in the construction of affordable housing to the Competition Tribunal for charging excessive prices.
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