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ARTICLE · 20 FEBRUARY 2020

New Sections Of The Competition Amendment Act Are Now Operational

Following the enactment of the Competition Amendment Act during 2019 and the subsequent promulgation of a number of the provisions

South AfricaAntitrust/Competition Law

Following the enactment of the Competition Amendment Act during 2019 and the subsequent promulgation of a number of the provisions, the latest tranche of sections of the Competition Amendment Act came into operation on 13 February 2020. The newly operational sections include buyer power provisions, price discrimination provisions, as well as sections relating to confidentiality and the disclosure of information, and the section relating to administrative penalties for the buyer power and price discriminations provisions. The regulations relating to buyer power and price discrimination have also come into operation.

The newly operational provisions amend Section 8(4) of the Competition Act introduce buyer power provisions, stating that a dominant firm in a designated sector may not impose unfair prices or other trading conditions on suppliers that are small and medium businesses ("SME") or firms controlled by historically disadvantaged persons ("HDP").  A dominant

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