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Competition Amendment Act, No. 18 of 2018

Long title


To amend the Competition Act, 1998, so as to introduce provisions that clarify andimprove the determination of prohibited practices relating to restrictive horizontaland vertical practices, abuse of dominance and price discrimination and tostrengthen the penalty regime; to introduce greater flexibility in the granting ofexemptions which promote transformation and growth; to strengthen the role ofmarket inquiries and merger processes in the promotion of competition andeconomic transformation through addressing the structures and de-concentrationof markets; to protect and stimulate the growth of small and medium businessesand firms owned and controlled by historically disadvantaged persons while at thesame time protecting and promoting employment, employment security andworker ownership; to facilitate the effective participation of the National Executivewithin proceedings contemplated in the Act, including making provision for theNational Executive intervention in respect of mergers that affect the nationalsecurity interests of the Republic; to mandate the Competition Commission to actin accordance with the results of a market inquiry; to amend the process by whichmarket inquiries are initiated and promote greater efficiency regarding theconduct of market inquiries; to clarify and foster greater certainty regarding thedetermination of confidential information and access to confidential information;to provide the Competition Commission with the powers to conduct impact studieson prior decisions; to promote the administrative efficiency of the CompetitionCommission and Competition Tribunal; and to provide for matters connected therewith.

Table of contents

SECTION TITLE
1. Amendment of section 1 of Act 89 of 1998...
2. Amendment of section 2 of Act 89 of 1998...
3. Amendment of section 4 of Act 89 of 1998...
4. Amendment of section 5 of Act 89 of 1998
5. Substitution of section 8 of Act 89 of 1998
6. Amendment of section 9 of Act 89 of 1998
7. Amendment of section 10 of Act 89 of 1998
8. Repeal of Chapter 2A of Act 89 of 1998...
9. Amendment of section 12A of Act 89 of 1998...
10. Amendment of section 15 of Act 89 of 1998...
11. Amendment of section 16 of Act 89 of 1998...
12. Amendment of section 17 of Act 89 of 1998...
13. Amendment of section 18 of Act 89 of 1998...
14. Insertion of section 18A in Act 89 of 1998
15. Amendment of section 19 of Act 89 of 1998
16. Amendment of section 21 of Act 89 of 1998...
17. Insertion of section 21A in Act 89 of 1998
18. Amendment of section 22 of Act 89 of 1998
19. Amendment of section 23 of Act 89 of 1998
20. Substitution of section 25 of Act 89 of 1998
21. Amendment of section 26 of Act 89 of 1998...
22. Amendment of section 31 of Act 89 of 1998...
23. Substitution of section 43A of Act 89 of 1998...
24. Amendment of section 43B of Act 89 of 1998...
25. Repeal of section 43C of Act 89 of 1998
26. Insertion of sections 43C to 43G in Act 89 of 1998
27. Amendment of section 44 of Act 89 of 1998...
28. Substitution of section 45 of Act 89 of 1998
29. Amendment of section 49D of Act 89 of 1998...
30. Insertion of section 49E in Act 89 of 1998
31. Amendment of section 54 of Act 89 of 1998...
32. Amendment of section 58 of Act 89 of 1998...
33. Amendment of section 59 of Act 89 of 1998...
34. Amendment of section 60 of Act 89 of 1998...
35. Amendment of section 62 of Act 89 of 1998...
36. Amendment of section 63 of Act 89 of 1998...
37. Amendment of section 67 of Act 89 of 1998
38. Amendment of section 74 of Act 89 of 1998...
39. Amendment of section 78 of Act 89 of 1998
40. Amendment of section 79 of Act 89 of 1998
41. Insertion of section 79A in Act 89 of 1998
42. Amendment of section 82 of Act 89 of 1998
43. Amendment of section 83 of Act 89 of 1998
44. Substitution of certain expression in Act 89 of 1998
45.Amendment of Arrangement of Sections of Act 89 of 1998
46.Short title and commencement
.
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