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ARTICLE · 08 MARCH 2023

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Sharing May Not Be So Caring Anymore - The Competition Commission Issues Final Guidelines On Exchange Of Competitively Sensitive Information Between Competitors

ENS
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The Competition Commission has published its final Guidelines on the exchange of competitively sensitive Information between competitors.

South AfricaAntitrust/Competition Law
Aidan Scallan
Aidan Scallan
Preanka Gounden
Preanka Gounden
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The Competition Commission has published its final Guidelines on the exchange of competitively sensitive Information between competitors. The guidelines attempt to explain what constitutes permissible and impermissible information exchanges between competitors as well as the Commission's general approach to assessing exchanges of information between competitors and the exchanges that could lead to contraventions of the Competition Act, 1998.

The Competition Act outright prohibits the exchange of competitively sensitive information between competitors that involves:

  • direct or indirect price fixing;
  • division of markets: or
  • collusive tendering.

In addition, exchanges of information that substantially prevent or lessening competition, unless a party to the exchange of information can show pro-competitive, technological and/or efficiency gains from the exchange that outweigh its anti-competitive effects, are also prohibited by the Competition Act.

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