South Africa
Competition Act, 1998
Act 89 of 1998
- Published in Government Gazette 19412 on 30 October 1998
- Assented to on 20 October 1998
- There are multiple commencements
- [This is the version of this document from 13 February 2020.]
Provisions | Status |
---|---|
Chapter 1 (section 1–3); Chapter 2, Part B, section 6; Chapter 3, section 11; Chapter 4 (section 19–43); Chapter 8, section 78–79, section 84 | commenced on 30 November 1998 by Proclamation R121 of 1998. |
Chapter 2, Part A (section 4–5); Part B, section 7–9; Part C (section 10); Chapter 3, section 12–18; Chapter 5 (section 44–58); Chapter 6 (section 59–68); Chapter 7 (section 69–77); Chapter 8, section 80–83 | commenced on 1 September 1999 by Proclamation R88 of 1999. |
Chapter 4, Part C, section 36(3), 36(4), 36(5), section 37(1)(a), 37(1)(b), section 38(2A), 38(4)(a), 38(4)(b), section 39(1)(c) | commenced on 1 September 2000. |
Chapter 1, section 1(1A), section 3(1A); Chapter 2, Part B, section 6(3), 6(4); Part C, section 10(1)(a), 10(1)(b), 10(2)(b)(i), 10(2)(b)(ii), 10(4A), 10(6)(c), 10(9); Chapter 3, section 11(4), 11(5), section 12(1)(b)(i), 12(1)(b)(ii), section 12A, section 13(1)(a), 13(1)(b), 13(3)(a), 13(3)(b), 13(4), 13(5), 13(6), 13(7), section 13A, section 13B, section 14(3)(b)(i), 14(3)(b)(ii), section 14A, section 15(1)(a), 15(1)(b), 15(1)(c), section 16(2)(a), 16(2)(b), 16(2)(c), 16(4), section 17(2), 17(3), section 18(1), 18(2), 18(3); Chapter 4, Part B, section 27(1)(a), 27(1)(b), 27(1)(c), 27(1)(d), section 31(5)(a), 31(5)(b), 31(6); Chapter 5, Part A (section 44–45A); Part B (section 46–49A); Part C (section 49B–51); Part D (section 52–60); Part E (section 61–63); Chapter 6, section 66(a), 66(b), 66(c); Chapter 8, section 82(1), 82(2), 82(3), 82(4) | commenced on 1 February 2001. |
Chapter 4A (section 43A–43C) | commenced on 1 April 2013. |
Chapter 3, section 18(2)(a)(iii), 18(2)(a)(iv) | commenced on 3 June 2013. |
Chapter 7, section 73A | commenced on 1 May 2016. |
Chapter 1, section 2(g); Chapter 2, Part B, section 8(1), 8(2), 8(3); Part C, section 10(3)(b)(v), 10(10); Chapter 3, section 12A(1A), 12A(2)(i), 12A(2)(j), 12A(2)(k), 12A(3)(e), section 17(1)(d); Chapter 4, Part A, section 21(1)(gA), 21(1)(gB), 21(1)(gC), 21(1)(gD), 21(1)(gE), 21(1)(gF), section 21A, section 22(3A), 22(3B), 22(3C), 22(3D), section 23(2)(a)(i), 23(2)(a)(ii), section 25(2); Part B, section 26(2)(a), 26(2)(b), 26(2)(c), 26(2)(d), section 31(2)(c), 31(5)(c), 31(5)(d); Chapter 4A, section 43A(1), 43A(2), 43A(3), section 43B(1)(a), 43B(1)(b), 43B(2A), 43B(2B), 43B(3)(cA), 43B(3A), 43B(4)(a), 43B(4)(b), section 43C(4), section 43D, section 43E–43G; Chapter 5, Part C, section 49E; Part D, section 54(dA), section 59(2A), 59(3)(h), 59(3A), section 60(2)(c); Chapter 7, section 74(a), 74(b); Chapter 8, section 78(1), 78(2), section 79(3), 79(4), section 79A, section 83(3) | commenced on 12 July 2019. |
Chapter 2, Part B, section 8(4), section 9(1)(a)(i), 9(1)(a)(ii), 9(1A), 9(2)(a)(i), 9(2)(a)(ii), 9(2)(a)(iii), 9(3), 9(3A), 9(4); Chapter 5, Part A, section 44(4), 44(5), 44(6), 44(7), 44(8), 44(9) | commenced on 13 February 2020. |
- [Amended by Competition Amendment Act, 1999 (Act 35 of 1999) on 19 August 1999]
- [Amended by Competition Amendment Act, 1999 (Act 35 of 1999) on 1 September 1999]
- [Amended by Competition Amendment Act, 2000 (Act 15 of 2000) on 1 September 2000]
- [Amended by Competition Second Amendment Act, 2000 (Act 39 of 2000) on 1 February 2001]
- [Amended by Co-operative Banks Act, 2007 (Act 40 of 2007) on 1 August 2008]
- [Amended by Competition Amendment Act, 2009 (Act 1 of 2009) on 1 April 2013]
- [Amended by Financial Markets Act, 2012 (Act 19 of 2012) on 3 June 2013]
- [Amended by Competition Amendment Act, 2009 (Act 1 of 2009) on 1 May 2016]
- [Amended by Competition Amendment Act, 2009 (Act 1 of 2009) on 9 June 2016]
- [Amended by Competition Amendment Act, 2018 (Act 18 of 2018) on 12 July 2019]
- [Amended by Competition Amendment Act, 2018 (Act 18 of 2018) on 13 February 2020]
Chapter 1
Definitions, interpretation, purpose and application of Act
1. Definitions and interpretation
2. Purpose of Act
The purpose of this Act is to promote and maintain competition in the Republic in order—3. Application of Act
Chapter 2
Prohibited practices
Part A – Restrictive practices
4. Restrictive horizontal practices prohibited
5. Restrictive vertical practices prohibited
Part B – Abuse of a dominant position
6. Restrictive application of Part
7. Dominant firms
A firm is dominant in a market if—8. Abuse of dominance prohibited
9. Price discrimination by dominant firm as seller prohibited
[heading substituted by section 6(a) of Act 18 of 2018]Part C – Exemptions from application of Chapter
10. Exemptions
Chapter 3
Merger control
[Chapter 3 substituted by section 6 of Act 39 of 2000]11. Thresholds and categories of mergers
12. Merger defined
12A. Consideration of mergers
13. Small merger notification and implementation
13A. Notification and implementation of other mergers
13B. Merger investigations
14. Competition Commission intermediate merger proceedings
14A. Competition Commission large merger proceedings
15. Revocation of merger approval and enforcement of merger conditions
[heading substituted by section 10(a) of Act 18 of 2018]16. Competition Tribunal merger proceedings
17. Competition Appeal Court merger proceedings
18. Intervention in merger proceedings
Chapter 4
Competition Commission, Tribunal and Court
Part A – The Competition Commission
19. Establishment and constitution of Competition Commission
20. Independence of Competition Commission
21. Functions of Competition Commission
21A. Impact studies
22. Appointment of Commissioner
23. Appointment of Deputy Commissioner
24. Appointment of inspectors
25. Staff of Competition Commission
Part B – The Competition Tribunal
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 interest by members of Competition Tribunal
33. Acting by member of Competition Tribunal after expiry of term of office
If, on the expiry of the term of office of a member of the Competition Tribunal, that member is still considering a matter before the Tribunal, that member may continue to act as a member in respect of that matter only.34. Remuneration and benefits of members of Competition Tribunal
35. Staff of Competition Tribunal
The Chairperson may—Part C – The Competition Appeal Court
36. Establishment and constitution of Competition Appeal Court
37. Functions of Competition Appeal Court
38. Business of Competition Appeal Court
39. Terms of office
Part D – Administrative matters concerning the Competition Commission and the Competition Tribunal
40. Finances
41. Annual report
42. Rules applicable to Competition Tribunal
Sections 40 and 41, each read with the changes required by the context, applies to the Competition Tribunal, except that a reference in either section to the Commissioner must be read as referring to the Chairperson of the Tribunal.43. Liability
Chapter 4A
Market inquiries
[Chapter 4A inserted by section 6 of Act 1 of 2009]43A. Interpretation and application of this Chapter
43B. Initiating and conducting market inquiries
[heading substituted by section 24(a) of Act 18 of 2018]43C. Matters to be decided at market inquiry
43D. Duty to remedy adverse effects on competition
43E. Outcome of market inquiry
43F. Appeals against decisions made under this Chapter
43G. Participation in and representations to market inquiry
Chapter 5
Investigation and adjudication procedures
[Chapter 5 substituted by section 15 of Act 39 of 2000]Part A – Confidential information
[Part A inserted by section 15 of Act 39 of 2000]44. Right of informants to claim confidentiality
45. Disclosure of information
45A. Restricted use of information
Part B – Powers of search and summons
[Part B inserted by section 15 of Act 39 of 2000]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
Part C – Complaint procedures
[Part C inserted by section 15 of Act 39 of 2000]49B. Initiating complaint
49C. Interim relief
49D. Consent orders
49E. Leniency
50. Outcome of complaint
51. Referral to Competition Tribunal
Part D – Tribunal hearings and orders
[Part D inserted by section 15 of Act 39 of 2000]52. Hearings before Competition Tribunal
53. Right to participate in hearing
The following persons may participate in a hearing, in person or through a representative, and may put questions to witnesses and inspect any books, documents or items presented at the hearing:54. Powers of member presiding at hearing
The member of the Competition Tribunal presiding at a hearing may—55. Rules of procedure
56. Witnesses
57. Costs
58. Orders of Competition Tribunal
59. Administrative penalties
60. Divestiture
Part E – Appeals and reviews to Competition Appeal Court
[Part E inserted by section 15 of Act 39 of 2000]61. Appeals
62. Appellate jurisdiction
63. Leave to appeal
Chapter 6
Enforcement
[Chapter 6 substituted by section 15 of Act 39 of 2000]64. Status and enforcement of orders
65. Civil actions and jurisdiction
66. Variation of order
The Competition Tribunal, or the Competition Appeal Court, acting of its own accord or on application of a person affected by a decision or order, may vary or rescind its decision or order—67. Limitations of bringing action
68. Standard of proof
In any proceedings in terms of this Act, other than proceedings in terms of section 49C or criminal proceedings, the standard of proof is on a balance of probabilities.[section 68 substituted by section 15 of Act 39 of 2000]Chapter 7
Offences
69. Breach of confidence
70. Hindering administration of Act
It is an offence to hinder, oppose, obstruct or unduly influence any person who is exercising a power or performing a duty delegated, conferred or imposed on that person by this Act.71. Failure to attend when summoned
72. Failure to answer fully or truthfully
A person commits an offence who, having been sworn in or having made an affirmation—73. Failure to comply with Act
73A. Causing or permitting firm to engage in prohibited practice
74. Penalties
Any person convicted of an offence in terms of this Act, is liable—75. Magistrate’s Court jurisdiction to impose penalties
Despite anything to the contrary contained in any other law, a Magistrate’s Court has jurisdiction to impose any penalty provided for in this Act.76. ***
[section 76 repealed by section 19 of Act 39 of 2000]77. Proof of facts
Chapter 8
General provisions
78. Regulations
79. Guidelines
79A. Advisory opinions of Commission
The Minister may, after consultation with the Competition Commission, issue regulations to provide for non-binding advisory opinions to be issued by the Competition Commission, including the fees payable in respect of a non-binding opinion.[section 79A inserted by section 41 of Act 18 of 2018]80. Official seal
The President, by proclamation in the Gazette, may prescribe an official seal for each of the Competition Commission, Competition Tribunal and the Competition Appeal Court.81. Act binds State
This Act binds the State.82. Relationship with other agencies
83. Transitional arrangements and repeal of laws
84. Short title and commencement of Act
History of this document
13 February 2020 this version
Amended by
Competition Amendment Act, 2018
Commenced
12 July 2019
09 June 2016
Amended by
Competition Amendment Act, 2009
Read this version
01 May 2016
03 June 2013
01 April 2013
01 August 2008
Amended by
Co-operative Banks Act, 2007
Read this version
01 February 2001
01 September 2000
01 September 1999
Amended by
Competition Amendment Act, 1999
Commenced by
Competition Act, 1998: Commencement
Read this version
19 August 1999
Amended by
Competition Amendment Act, 1999
Read this version
30 November 1998
Commenced by
Competition Act, 1998: Commencement
30 October 1998
Published in Government Gazette 19412
Read this version
20 October 1998
Assented to
Cited documents 11
Act 11
1. | Constitution of the Republic of South Africa, 1996 | 12332 citations |
2. | Public Finance Management Act, 1999 | 2719 citations |
3. | Labour Relations Act, 1995 | 2464 citations |
4. | Banks Act, 1990 | 890 citations |
5. | Trade Marks Act, 1993 | 207 citations |
6. | Patents Act, 1978 | 178 citations |
7. | Copyright Act, 1978 | 172 citations |
8. | Chiropractors, Homeopaths and Allied Health Service Professions Act, 1982 | 155 citations |
9. | National Small Enterprise Act, 1996 | 132 citations |
10. | Corporation for Public Deposits Act, 1984 | 103 citations |
Documents citing this one 896
Gazette 674
Judgment 193
Act 20
1. | Companies Act, 2008 | 2008 citations |
2. | Income Tax Act, 1962 | 1712 citations |
3. | Consumer Protection Act, 2008 | 1162 citations |
4. | Electronic Communications Act, 2005 | 945 citations |
5. | Banks Act, 1990 | 890 citations |
6. | National Credit Act, 2005 | 671 citations |
7. | Independent Communications Authority of South Africa Act, 2000 | 530 citations |
8. | Prevention and Combating of Corrupt Activities Act, 2004 | 394 citations |
9. | Trust Property Control Act, 1988 | 326 citations |
10. | Financial Markets Act, 2012 | 221 citations |
Government Notice 7
Law Reform Report 1
1. | Investigation into Legal Fees - Including Access to Justice and Other Interventions - Project 142 |
Provincial Notice 1
1. | Free State Liquor Regulations, 2010 |
Subsidiary legislation
Title
|
Date
|
||
---|---|---|---|
Block Exemption Regulations for Small, Micro and Medium-Sized Businesses, 2024
Business, Trade and Industry
|
General Notice 2538 of 2024 | 3 June 2024 |
Business, Trade and Industry
|
Notification of the Publication of the Impact Assessment on COVID Response on the Competition Commission's Website
Business, Trade and Industry
|
Government Notice 372 of 2021 | 23 April 2021 |
Business, Trade and Industry
|
COVID-19 Block Exemption for the Retail Property Sector, 2020
Business, Trade and Industry
|
Government Notice R358 of 2020 | 11 June 2020 |
Business, Trade and Industry
|
COVID-19 Block Exemption for the Banking Sector, 2020: Amendment
Business, Trade and Industry
|
Government Notice R502 of 2020 | 5 May 2020 |
Business, Trade and Industry
|
COVID-19 Block Exemption for the Banking Sector, 2020
Finance and Money
|
Government Notice R355 of 2020 | 5 May 2020 |
Finance and Money
|
COVID-19 Block Exemption for the Healthcare Sector, 2020: Amendment
Business, Trade and Industry
|
Government Notice R456 of 2020 | 8 April 2020 |
Business, Trade and Industry
|
COVID-19 Block Exemption for the Healthcare Sector, 2020
Health and Food Safety
|
Government Notice R349 of 2020 | 8 April 2020 |
Health and Food Safety
|
Competition Tribunal Rules for Covid-19 excessive pricing complaint referrals
Business, Trade and Industry
|
Government Notice R448 of 2020 | 3 April 2020 |
Business, Trade and Industry
|
Regulations relating to COVID-19 Block Exemption for the Hotel Industry, 2020
Business, Trade and Industry
·
Health and Food Safety
|
Government Notice R422 of 2020 | 27 March 2020 |
Business, Trade and Industry
·
Health and Food Safety
|
Competition Act: Regulations related to COVID-19
Business, Trade and Industry
|
Government Notice R350 of 2020 | 19 March 2020 |
Business, Trade and Industry
|
Competition Appeal Court Rules: Amendment Correction
Business, Trade and Industry
|
General Notice 2003 of 2005 | 15 December 2005 |
Business, Trade and Industry
|
Competition Appeal Court Rules: Amendment
Business, Trade and Industry
|
General Notice 1255 of 2005 | 18 November 2005 |
Business, Trade and Industry
|
Competition Appeal Court Rules, 2000
Business, Trade and Industry
|
Government Notice R857 of 2000 | 18 November 2005 |
Business, Trade and Industry
|