Misha van Niekerk

In the first revision since 2017, Minister of Trade, Industry and Competition, Parks Tau, has gazetted amendments to the merger notification thresholds and filing fees effective from 1 May 2026. The amendments, published on 8 May 2026, confirm the previously proposed draft thresholds and filing fees, as set out below. Category New threshold and filing […]

Section 11 of the Competition Act 89 of 1989 (“Competition Act”) empowers the Minister of Trade, Industry and Competition to determine, and to amend, merger thresholds and the method for calculating them. After almost a decade since the last adjustment, Minister Parks Tau has published draft amendments to the merger thresholds for public comment. The Minister has also proposed amendments to the filing fees applicable to […]

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 […]

On 5 January 2024, the Competition Commission (“the Commission”) published draft guidelines on the filing of merger notifications for hostile transactions (“the Draft Guidelines”). The Commission identified a need for a document setting out its approach in such transactions as hostile takeovers, by their very nature, are often adversarial and lack the normal cooperation between […]

The Competition Commission (“Commission”) launched its market inquiry into online intermediation platforms (“OIPMI / the Inquiry”) on the 19th of May 2021. We previously set out what this may mean for your business as well as a brief analysis of the Commission’s further statement of issues – in this article we consider what has happened […]

On the 19th of May 2021, the South African Competition Commission (“Commission”) formally initiated a market inquiry into the online intermediation platform market (“OIPMI”) in terms of Section 43B(i)(a) of the Competition Act, 89 of 1998 (“the Act”). The Commission released a Statement of Issues and extensively engaged with stakeholders both through Requests for Information […]

The Government has already taken swift action against the Coronavirus pandemic through regulations gazetted by the Minister of the Department of Trade and Industry (“the DTI”).

We invite you to contact our Competition Law Team if you have any questions in relation to the COVID-19 regulations under the Competition Act, or any related matter.

Author: Misha van Niekerk The Massmart exclusive lease saga, which commenced with Massmart’s complaint to the Competition Commission (“the Commission”) in October 2014, has finally come to an end. The Competition Tribunal (“the Tribunal”) yesterday upheld exceptions brought by Pick ‘n Pay, Shoprite Checkers and Spar (“the Excipients”) and dismissed Massmart’s complaint that the Excipients’ […]