Government Notice No. 1425 of 2018

Competition Act (89/1998) » Request for public comment on the first draft set of definitions of small and...

Title	Competition Act (89/1998) » Request for public comment on the first draft set of definitions of small and medium business in terms of the Act
Department	Economic Development
Gazette	National Gazettes, No. 42133 of 21 December, 2018, 7 page(s), 304Kb

22    No. 42133             GOVERNMENT GAZETTE, 21 DECEMBER 2018

NO.                                                                   December 2018
                                        ECONOMIC DEVELOPMENT DEPARTMENT
          NO. 1425                                                                          21 DECEMBER 2018
          
                REQUEST FOR PUBLIC COMMENT ON THE FIRST DRAFT SET OF DEFINITIONS
               OF SMALL AND MEDIUM BUSINESS IN TERMS OF THE COMPETITION ACT, 1998
                (ACT NO. 89 OF 1998) AND THE COMPETITION AMENDMENT BILL, 2018 [B                    23B-
                                                         2018]

Background

In my address to the National Assembly at the Second Reading Debate on the
               Competition Amendment Bill, 2018 [B 23B-2018] (the "Bill ") on 23 October 2018,          I
               announced the establishment of a Panel which would draft regulations to give effect to
               the Bill once it has been passed by Parliament. It was further announced that these
               regulations would be the subject of consultation with the public and the Competition
               Commission (the "Commission "), in line with the proposed amendments to section 78 of
               the Competition Act (Act. 89 of 1998) (the "Act ").

Clause 1(f) of the Bill has introduced a new definition for `medium-sized business';  and
               clause 1(I) of the Bill has amended the definition for `small business'. Clause 1(k) of the

Bill has further introduced a definition for 'small and medium business', meaning either a
               `small business' or a `medium-sized business'.

The definition of `small and medium business' has an important bearing on the types of
               firms which will benefit from certain protections and consideration under the Bill and the
               Act.

On 12 October 2018, the Minister of Small Business Development published         a call for
               public comment on the National Small Enterprise Definition as contained in the National
               Small Business Act, 1996 (Act No. 102 of 1996), read with the National Enterprise
               Amendment Act, 2003 (Act No. 26 of 2003) and the National Small Enterprises Act,
               2004 (Act No. 29 of 2004). The National Small Enterprise Definition specifies thresholds

based on total annual turnover and the total full-time equivalent of paid employees to
               determine a micro, small and medium enterprise in a number of industries. The

proposed thresholds have been published in the Schedule to Notice No. 1094 in
               Government Gazette No. 41970.

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Government Notice No. 1425 of 2018

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