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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Competition Act, No. 89 of 1998

Long title


To provide for the establishment of a Competition Commission responsible for the investigation, control and evaluation of restrictive practices, abuse of dominant position, and mergers; and for the establishment of a Competition Tribunal responsible to adjudicate such matters; and for the establishment of a Competition Appeal Court; and for related matters.

Table of contents

SECTION TITLE

PREAMBLE

TABLE OF CONTENTS

CHAPTER 1. DEFINITIONS, INTERPRETATION, PURPOSE AND APPLICATION OF ACT
1.  Definitions and interpretation
2.  Purpose of Act
3.  Application of Act

CHAPTER 2. PROHIBITED PRACTICES
4.  Restrictive horizontal practices prohibited
5.  Restrictive vertical practices prohibited
6.  Restrictive application of Part [...Title amended by Act 2000_039_004_20001213 by way of unmarked omission and unmarked insertion - was entitled "Restricted application of Part"]
7.  Dominant firms
8.  Abuse of dominance prohibited
9.  Price discrimination by dominant firm as seller prohibited [... Title amended by Act 2018_018_006_20190214 - was entitled "Price discrimination by dominant firm prohibited"]
10.  Exemptions [...Title amended by Act 2000_039_005_20001213 - was entitled “Exemption”] 

CHAPTER 2A [...Title inserted by Act 2009_001_004_20090828] [...repealed by Act 2018_018_008_20190214 - was entitled "CHAPTER 2A"]
10A.  ... [...inserted by Act 2009_001_004_20090828[...repealed by Act 2018_018_008_20190214 - was entitled "Complex monopoly conduct"]

CHAPTER 3. MERGER CONTROL
11.  Thresholds and categories of mergers [...Title amended by Act 2000_039_006_20001213 - was entitled “Restricted application of Chapter”]
12.  Merger defined
12A. Consideration of mergers [...inserted by Act 2000_039_006_20001213]
13.  Small merger notification and implementation [...Title amended by Act 2000_039_006_20001213 - was entitled “Notification of merger required”]
13A. Notification and implementation of other mergers [...inserted by Act 2000_039_006_20001213]
13B. Merger investigations [...inserted by Act 2000_039_006_20001213]
14.  Competition Commission intermediate merger proceedings [...Title amended by Act 2000_039_006_20001213 - by way of unmarked omission and marked insertion - was entitled “Competition Commission merger proceedings”]
14A. Competition Commission large merger proceedings [...inserted by Act 2000_039_006_20001213]
15.  Revocation of merger approval and enforcement of merger conditions [...Title amended by Act 2000_039_006_20001213 - was entitled “Competition Tribunal merger proceedings”] [...Title amended by Act 2018_018_010_20190214 - was entitled "Revocation of merger approval"]
16.  Competition Tribunal proceedings [...Title amended by Act 2000_039_006_20001213 - was entitled “Consideration of Mergers”]
17.  Competition Appeal Court merger proceedings [...Title substituted by Act 2000_039_006_20001213 by way of unmarked omission and marked insertion relating to capitalisation - was entitled "Competition Appeal Court Merger Proceedings"]
18.  Intervention in merger proceedings [...Title amended by Act 2000_039_006_20001213 - was entitled “Minister may participate in proceedings”]
18A. Intervention in merger proceedings involving foreign acquiring firm [...Title inserted by Act 2018_018_014_20190214]

CHAPTER 4. COMPETITION COMMISSION. TRIBUNAL AND COURT
19.  Establishment and constitution of Competition Commission
20. Independence of Competition Commission
21.  Functions of Competition Commission
21A. Impact studies [...Title inserted by Act 2018_018_017_20190214]
22.  Appointment of Commissioner
23.  Appointment of Deputy Commissioner
24.  Appointment of inspectors
25.  Staff of Competition Commission
26.  Establishment and constitution of Competition Tribunal
27.  Functions of Competition Tribunal
28.  Qualifications of members of Competition Tribunal
29. Term of office of members of Competition Tribunal
30. Deputy Chairperson of Competition Tribunal
31. Competition Tribunal proceedings
32. Conflicts and disclosure of interdict by members of Competition Tribunal
33. Acting by member of Competition Tribunal after expiry of term of office
34. Remuneration and benefits of members of Competition Tribunal
35. Staff of Competition Tribunal
36. Establishment and constitution of Competition Appeal Court
37. Functions of Competition Appeal Court [...Title amended by Act 2000_015_002_20000526 by way of unmarked omission and marked insertion - was entitled “Function of Competition Appeal Court”]
38. Business of Competition Appeal Court
39. Term of office [...Title amended by Act 2000_015_000_20000526 by way of unmarked omission and marked insertion - was entitled “Terms of Office of members of Competition Appeal Court”]
40. Finances
41. Annual Report
42. Rules applicable to Competition Tribunal
43. Liability

CHAPTER 4A. MARKET INQUIRIES [...Title inserted by Act 2009_001_006_20001213]
43A. Interpretation and Application of this Chapter [...inserted by Act 2009_001_006_20001213]
43B. Initiating and conducting market inquiries [...inserted by Act 2009_001_006_20001213[...Title amended by Act 2018_018_024_20190214 - was entitled "Initiating market inquiries"]
43C. Matters to be decided at market inquiry [...inserted by Act 2009_001_006_20001213[...repealed by Act 2018_018_025_20190214 - was entitled "Outcome of market inquiry"[...inserted by Act 2018_018_026_20190214]
43D. Duty to remedy adverse effects on competition [...inserted by Act 2018_018_026_20190214]
43E. Outcome of market inquiry [...inserted by Act 2018_018_026_20190214]
43F. Appeals against decision made under this Chapter [...inserted by Act 2018_018_026_20190214]
43G. Participation in and representations to market inquiry [...inserted by Act 2018_018_026_20190214]
CHAPTER 5. INVESTIGATION AND ADJUDICATION PROCEDURES [...Title substituted by Act 2000_039_015_20001213 - was entitled "COMPETITION TRIBUNAL PROCEDURES"]

Part A. Confidential information [...inserted by Act 2000_039_015_20001213]
44. Right of informants to claim confidentiality [...Title substituted by Act 2000_039_015_20001213 - was entitled “Initiating a complaint”]
45. Disclosure of information [...Title substituted by Act 2000_039_015_20001213 - was entitled “Investigation by Competition Commission”]
45A. Restricted use of information [...inserted by Act 2000_039_015_20001213]

Part B. Powers of search and summons [...Title inserted by Act 2000_039_015_20001213]
46. Authority to enter and search under warrant
47. Authority to enter and search without warrant
48. Powers to enter and search
49. Conduct of entry and search
49A. Summons [...inserted by Act 2000_039_015_20001213]

Part C. Complaint procedures [...Title inserted by Act 2000_039_015_20001213]
49B. Initiating complaint [...inserted by Act 2000_039_015_20001213]
49C. Interim relief [...inserted by Act 2000_039_015_20001213]
49D. Consent Orders [...inserted by Act 2000_039_015_20001213]
49E. Leniency [...inserted by Act 2018_018_030_20190214]
50. Outcome of complaint
51. Referral to Competition Tribunal

Part D. Tribunal hearings and orders [...Title inserted by Act 2000_039_015_20001213]
52. Hearings before Competition Tribunal
53. Right to participate in hearing
54. Powers of member presiding at hearing
55. Rules of procedure
56. Witnesses
57. Costs
58. Orders of Competition Tribunal [...Title substituted by Act 2000_039_015_20001213 - was entitled “Appeals”]
... [...Title delete by Act 2000_039_015_20001213 by way of unmarked omission - was entitled "CHAPTER 6. REMEDIES AND ENFORCEMENT"]
59.  Administrative penalties [...Title substituted by Act 2000_039_015_20001213 - was entitled "Interim relief"]
60.  Divestiture [...Title substituted by Act 2000_039_015_20001213 - was entitled "Orders of Competition Tribunal"]

Part E. Appeals and reviews to Competition Appeal Court [...Title inserted by Act 2000_039_015_20001213]
61. Appeals [...Title substituted by Act 2000_039_015_20001213 - was entitled "Administrative fines"]
62. Appellate jurisdiction [...Title substituted by Act 2000_039_015_20001213 - was entitled "Divestiture"]
63. Leave to appeal [...Title substituted by Act 2000_039_015 - was entitled "Consent orders"]

CHAPTER 6. ENFORCEMENT [...Title inserted by Act 2000_039_015_20001213]
64. Status and enforcement of orders
65. Civil actions and jurisdiction
66. Variation of order
67. Limitations of bringing action
68. Standard of proof

CHAPTER 7. OFFENCES
69. Breach of confidence
70. Hindering administration of Act
71. Failure to attend when summoned
72. Failure to answer fully or truthfully
73. Failure to comply with Act
73A. Causing or permitting firm to engage in prohibited practice [...Title inserted by Act 2009_001_012_20080828]
74. Penalties
75. Magistrate’s Court jurisdiction to impose penalties
76. ... [...repealed by Act 2000_039_019_20001213 ...was entitled “Serving documents”]
77. Proof of facts

CHAPTER 8. GENERAL PROVISIONS
78. Regulations
79. Guidelines
79A. Advisory opinions of Commission [...inserted by Act 2018_018_041_20190214]
80. Official seal
81. Act binds State
82. Relationship with other agencies  [...Title substituted by Act 2000_039_020_20001213 - was entitled "Information exchange with foreign agencies"]
83. Transitional arrangements and repeal of laws
84. Short Title and commencement of Act
Sch. 1. SCHEDULE 1. EXEMPTION OF PROFESSIONAL RULES [s3] [...Title amended by Act 2000_039_021_20001213  - was entitled "EXEMPTION OF PROFESSIONAL RULES IN TERMS OF SECTION 2(c)" ]

Part A.

Part B.
Sch. 2. SCHEDULE 2. REPEAL OF LAWS (SECTION 83) [s83]
Sch. 3.  SCHEDULE 3. TRANSITIONAL ARRANGEMENTS [s83]
.
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