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