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ARTICLE · 01 JULY 2026

Competition Market Inquiry: Franchising

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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On 26 June 2026, the South African Competition Commission (Commission) published draft terms of reference for a proposed market inquiry into the South African franchise...

South AfricaAntitrust/Competition Law
Nick Altini
Nick Altini
Stewart Payne
Stewart Payne
Lesetja Morapi
Lesetja Morapi
Natasha Rachwal
Natasha Rachwal
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On 26 June 2026, the South African Competition Commission (Commission) published draft terms of reference for a proposed market inquiry into the South African franchise sector (Franchise Market Inquiry). Interested parties have been invited to submit comments on the draft terms of reference (ToR) by 16h00 on 7 August 2026, after which the Commission will publish final ToR and formally commence the Inquiry. 

The significance of the Franchise Market Inquiry lies in the fact that franchising is not confined to one discrete market, but stretches across numerous industries including fast food, grocery retail, fuel station forecourts, automotive services, construction and hardware, and health and beauty businesses, with potential implications for consumers, small, medium and micro-enterprises (SMMEs), businesses owned by historically disadvantaged persons (HDPs) and established national brands alike. 

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