Competition Law

After a long period of uncertainty relating to advisory opinions by the Competition Commission, a new regulation has been published by the Department of Trade and Industry which reintroduces non-binding Advisory Opinions. An advisory opinion is a written opinion by the Commission that provides the Commission’s interpretation of the Competition Act, 89 of 1998, applied […]

On 3 June 2024, the Department of Trade, Industry and Competition published draft vertical restraint regulations for comment (“the Draft Regulations”) along with a memorandum to provide context in respect of the draft regulations. These regulations relate to the prohibition on restrictive vertical practices as set out in section 5 of the Competition Act, 89 […]

The directors of a company are tasked with the control and management of the day-to-day operations of a company. Shareholders own the company through the shares which they hold. Shareholders are bound by the decisions of the board of directors as enacted through its resolutions. In principle, the rights which accrue from the ownership of […]

The recent raid by the Competition Commission on prominent players in the insurance industry serves as a wake-up call for companies to ensure that their affairs are in order. One way to do so is through a competition health check whereby an independent attorney conducts an assessment to establish whether your company’s policies and practices […]

Parents and students are gearing up for the new school year. This is an expensive exercise – especially for those in need of first-time or new school uniforms. However, the Competition Commission – through its investigation into the pricing of school uniforms and subsequent stakeholder engagements – are hopefully bringing some much-needed relief for parents. […]

The Competition Commission (the “Commission”) has released proposed amendments to its guidelines to small merger notification, which are set to take effect after 7 June 2021. The guidelines have been introduced to address the Commission’s concerns regarding the increasing acquisitions of new innovative companies by established players, particularly in the digital markets. Due to the […]

Companies now have further clarity on the enforcement of competition law, particularly regarding the Competition Act’s price discrimination and buyer power provisions. The Competition Commission (“Commission”) recently published guidelines on how the ‘Buyer Power’ regulations will be enforced. The Buyer Power regulations – essentially aimed at levelling the playing field for companies – will assist […]

Whilst many of us scramble to survive and limit the financial harm where possible, others opportunistic individuals and companies are trying to cash in on the panic by taking advantage of the public.

Individuals, corporations and the economy have all fallen victim to the devastating impact of COVID-19 (“the coronavirus”). However, the recent regulations published by the Minister of Trade, Industry and Competition, Minister Patel, intends to bring some relief to the economy in its bid to fight the pandemic.

Despite lockdowns and various preventative measures being taken by numerous jurisdictions around the globe, the devastating impact of COVID-19 (“the coronavirus”) continues at a startling pace. Locally, the pandemic will highlight the inequality amongst the different classes of South Africans.