Draft Vertical Restraints Regulations Published In The Government Gazette For Comment

The Department of Trade, Industry and Competition (the "DTIC") published the draft Vertical Restraints Regulations (the "Draft Regulations") on 3 June 2024 in the Government Gazette. The Draft Regulations, which are open for public comment, are accompanied by a Memo (the "Memo"), which proposes to contextualise and assist in interpreting the Draft Regulations.

The Draft Regulations proposes to set out a non-exhaustive list of the relevant factors to be considered when determining whether a restrictive vertical practice is in contravention of section 5 of the Competition Act, 1998 (the "Competition Act"), thereby providing greater clarity on the parameters, factors, and benchmarks to be considered when undertaking an assessment of conduct under section 5 of the Competition Act.