South Africa: Competition Amendment Act changes begin

After a Presidential Proclamation on Friday, July 19, certain sections of South Africa’s Competition Amendment Act, 2018 (Act 18 of 2018) have been promulgated by President Cyril Ramaphosa and have come into full effect and operation.

Minister of Trade and Industry Ebrahim Patel said the Amendment Act was one of the most important pieces of economic legislation of the sixth administration and was evidence of the government’s continued commitment to drive economic transformation and inclusion.

“The Amendment Act introduces a number of important changes to the Competition Act (Act 89 of 1998), and is the first major review of the legislation since it was signed into law by Nelson Mandela 20 years ago,” said Patel.

The key sections covered by the proclamation include:

(i) a number of new definitions;

(ii) changes to section 8 dealing with abuse of dominance;

(iii) section 10 dealing with exemptions;

(iv) section 12A dealing with public interest consideration during mergers;

(v) sections under chapter 4A dealing with market inquiries; and

(vi) section 59 dealing with penalties for offences under the act.

The Amendment Act also includes changes to provide greater institutional capacity and to clarify procedures for the Competition Commission, the Tribunal, and the Ministry.