Why South Africa’s Draft Repair and Maintenance Guidelines Matter to Consumers

The Competition Commission of South Africa (“Commission”) has published the Draft Guidelines on Repair, Service, and Maintenance Aftermarkets (“Draft Guidelines”) under section 79 of the Competition Act 89 of 1998, as amended (“Competition Act”). The proposed framework concerns the markets for repairing, servicing and maintaining products after sale. It extends beyond the automotive sector to products such as electronic devices, appliances, medical equipment and other durable goods. For consumers, the practical stakes are clear: restrictions on access to spare parts, repair information, diagnostic tools, software and technical support may increase repair costs, reduce choice, shorten product lifespans and make it harder to use independent repairers.

Building on the Commission’s experience in addressing competition concerns in automotive aftermarkets, the Draft Guidelines extend many of the principles underpinning the Guidelines for Competition in the South African Automotive Aftermarket to a broader range of products and industries. Their stated aim is to promote more competitive, accessible and inclusive repair markets, while improving access to repair services and repair inputs. The Commission also highlights the environmental impact of replacing products that could otherwise be repaired and kept in use for longer.

How the Draft Guidelines approach repair markets

Repair and maintenance services are aftermarkets because they arise after the initial sale of a product. The Commission’s concern is that OEMs may restrict competition by limiting the ability of independent service providers to compete effectively. Competitive repair markets, by contrast, may lower costs, expand consumer choice and encourage innovation in repair services.

The Draft Guidelines highlight three forms that repair and service markets can take:

• System markets, in which the OEM product and the secondary market are defined as a single market;
• Multiple markets, in which the primary and secondary products are defined as distinct markets (the most common approach for consumer products); and
• Dual markets, in which repairs are interchangeable across primary and secondary products.

The extent of competition in these markets depends on both market structure and OEM conduct. The Commission is primarily concerned with conduct that forecloses competitors, raises barriers to entry, increases consumer dependence on OEM-controlled channels or otherwise limits competition. Consistent with this approach, the Draft Guidelines seek to promote competitive, transparent and accessible repair markets, improve access to repair services and inputs, and support longer product lifespans.

The Draft Guidelines apply to repair and maintenance activities outside the protection provided by implied warranties mandated by law and express warranties offered by OEMs. They are relevant, but not limited, to high-cost durable goods and technical goods characterised by rapid innovation, as well as consumer electronics, audiovisual equipment, white goods, medical devices and back‑up energy systems.

The Commission recognises that some restrictions may be justified by intellectual property protection, consumer safety or quality assurance. Any such justification will be assessed on a case-by-case basis and weighed against potential anti-competitive effects. Where conduct is prima facie likely to substantially prevent or lessen competition, the Commission will apply a higher evidentiary burden.

If finalised in its current form, the Draft Guidelines are likely to have a meaningful impact on competition in repair markets. Improved access to repair inputs could reduce barriers to entry for independent repairers and give consumers more repair options. Increased competition may place downward pressure on repair costs, improve service quality and encourage the development of markets for repaired and refurbished products.

Timelines and participation

Interested parties are invited to submit written comments on the Draft Guidelines by 16h00 on 21 September 2026. Following its review of the submissions received, the Commission will publish a final version of the Guidelines. Market participants should engage proactively with the consultation process and assess whether their existing aftermarket practices may be affected by the Commission’s proposed approach.

If you would like assistance preparing submissions to the Commission, reviewing aftermarket practices, assessing competition-law risks or developing compliance strategies in light of the Draft Guidelines, our Competition Law team would be pleased to assist.