South Africa News Alert: Price Discrimination and Buyer Power Provisions brought into effect.
African Antitrust
On 13 February 2020, exactly a year since the price
discrimination and buyer power provisions were signed into law, President
Ramaphosa and Minister Patel have brought into effect the operation of the
amended section 9 of the South African Competition Act (price discrimination)
as well as section 8(4) (buyer power provisions) together with the respective
Regulations.
Both provisions are aimed at ensuring that small or
medium owned businesses or firms controlled by historically disadvantaged
persons are able to “participate effectively” in the market.
While the buyer power provisions are largely consumer protection provisions – which require large firms to impose fair trading terms vis-a-vis their smaller customers, the amended section 9 of the Act has material ramifications not only for large suppliers but consumers as well…
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