Government Notice No. 1423 of 2018

Competition Act (89/1998) » Request for public comment on the first Draft Set of Price Discrimination...

Title	Competition Act (89/1998) » Request for public comment on the first Draft Set of Price Discrimination Regulation in terms of the Act and the Competition Amendment Bill, 2018 (B 23B-2018)
Department	Economic Development
Gazette	National Gazettes, No. 42133 of 21 December, 2018, 8 page(s), 511Kb

4    No. 42133              GOVERNMENT GAZETTE, 21 DECEMBER 2018

NO.                     ECONOMIC DEVELOPMENT DEPARTMENT               December 2018
          NO. 1423                                                                          21 DECEMBER 2018
          
                     REQUEST FOR PUBLIC COMMENT ON THE FIRST DRAFT SET OF PRICE
                  DISCRIMINATION REGULATIONS 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 ").

Following the approval of the Bill by the National Council of Provinces on 4 December
                2018, the Panel has concluded its preliminary work on a first draft set of regulations to
                give effect to the amendments in section 9 of the Act, regarding Price Discrimination.

Clause 6(b) of the Bill has introduced a new sub-paragraph 9(1)(a)(ii)  to the Act, which
                states that an action by a dominant firm, as the seller of goods or services, is prohibited
                price discrimination, if it is likely to have the effect of impeding the ability of  small and
                medium businesses or firms controlled or owned by historically disadvantaged      persons,
               to participate effectively.

of section 78 of the Act-                                                          in terms
                Clause 6(e) of the Bill has further provided for regulations made by the Minister

(i)    to give effect to section 9, including the benchmarks for determining the
                          application of this section to firms owned and controlled by historically
                          disadvantaged persons; and
                   (ii)   setting out the relevant factors and benchmarks for determining whether        a
                          dominant firm's action is price discrimination that impedes the participation of

Type your email for free alerts on latest Department of Economic Development notices as they are published

greengazette

Government Notice No. 1423 of 2018

Links

Publications

Insight