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ARTICLE · 17 DECEMBER 2019

The Competition Act: Price Discrimination

The regulations on price discrimination provide clarity defining price discrimination, establishing whether a contravention has occurred

South AfricaAntitrust/Competition Law

The regulations on price discrimination provide clarity defining price discrimination, establishing whether a contravention has occurred, and whether it is likely to impede effective participation by the "designated class" of consumers which the Legislature has identified as deserving of specific protection.

Pursuant to the recent amendments to the Competition Act (89 of 1998), the Minister of Trade and Industry has published for public comment regulations, and corresponding guidelines, dealing with price discrimination and buyer power.

These regulations have been published with the intention of curbing the power of dominant firms and encouraging competitive participation from small and medium sized firms. The regulations restrict the power of dominant firms in the supply chain, whether they be purchasers or suppliers.

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