Introduction and Legislative framework
The Competition Act No. 89 of 1998 (Act) came into effect on 1
September 1999 and has been amended in terms of the Amendment Act
of 2009 and the Amendment Act of 2018. The 2018 amendments have
largely been brought into effect. However, there are a few
amendments that are not yet operational, most notably, the
"national security" provisions that contemplate a
separate, parallel notification process for transactions involving
foreign acquiring firms.
The Act applies to all economic activity within, or having an
effect within, South Africa. It regulates mergers, restrictive
vertical and horizontal practices, dominant firm conduct and market
inquiries. The enforcement agencies are the Competition Commission
(Commission), the Competition Tribunal (Tribunal) and the
Competition Appeal Court (CAC). The Commission is responsible for
the investigation and evaluation of mergers, prohibited practices
and exemptions, and conducting market
