Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 11 DECEMBER 2024

Market Intelligence Thought Leadership Award Winner

The Return Of The Advisory Opinion

Adams & Adams
Adams & Adams
Contributor
Adams & Adams

Adams & Adams

Who we are: Established in 1908, Adams & Adams is an internationally recognised and leading African...

View firm profile
Explore more from Adams & Adams

After a long period of uncertainty relating to advisory opinions by the Competition Commission, a new regulation has been published by the Department of Trade and Industry which reintroduces non-binding Advisory Opinions.

South AfricaAntitrust/Competition Law
Jac Marais
Jac Marais
Mia De Jager
Mia De Jager
Misha van Niekerk
Misha van Niekerk
Author LinkedIn connections

After a long period of uncertainty relating to advisory opinions by the Competition Commission, a new regulation has been published by the Department of Trade and Industry which reintroduces non-binding Advisory Opinions.

An advisory opinion is a written opinion by the Commission that provides the Commission's interpretation of the Competition Act, 89 of 1998, applied to a certain set of facts or agreements. An advisory opinion intends to assist parties to interpret the Competition Act, and to provide stakeholders with a better understanding of compliance requirements. The Commission's advisory opinions, however, are non-binding and therefore do not offer legal protection against enforcement action if the conduct is later found to contravene the Competition Act.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Video

Webinar Recording | When They Knock: Preparing For Dawn Raids Under The Competition Act (Video)

The Competition Commission's recent dawn raids in the scrap-metal sector signal a shift from policy to enforcement action. This practical webinar explores how businesses can identify collusion risks, prepare for dawn raids, and manage competitor contact under South African Competition Act provisions. The session addresses business readiness in an era where digital evidence, including AI-related records, plays an increasingly central role in competition investigations.
South AfricaAntitrust/Competition Law
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
Article

Competition Commission Proposes Revised Notification Thresholds For Small Mergers

The Competition Commission has released draft amendments to the Small Merger Guidelines, proposing significantly higher thresholds for small merger notifications. These changes aim to capture potentially anti-competitive acquisitions in digital and technology markets where target firms are acquired before generating substantial turnover or assets, but possess significant future growth potential.
South AfricaAntitrust/Competition Law
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
Article

CAC Clarifies Competition Commission's Investigative Duties And The Threshold For Non-referral

The Competition Appeal Court recently examined the extent to which South Africa's Competition Commission must investigate complaints before declining to pursue them, and whether complainants can challenge such decisions. In Nevilles Tours and Logistics v The Competition Commission, the court addressed a bus operator's allegations of predatory and excessive pricing by dominant competitors, finding the Commission's initial investigation inadequate and setting new standards for meaningful inquiry.
South AfricaAntitrust/Competition Law
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
Article

Frozen Accounts And Fraudulent Funds: Navigating The Rights Of Banks, Customers And SARS

A South African High Court has ruled on the lawfulness of account freezing by banks based on fraud suspicions and affirmed SARS's authority to issue third-party notices under section 179 of the Tax Administration Act. The case arose after a close corporation fraudulently claimed a VAT refund of R3.28 million, transferred R900,000 to an individual's account, prompting the bank to freeze the account and SARS to pursue recovery through a third-party notice.
South AfricaTax
Adams & Adams
Adams & Adams
Article

Nigeria Clarifies Copyright Ownership Of Musical Works

A Nigerian Federal High Court has ruled on a high-stakes copyright dispute over the globally acclaimed gospel song "Way Maker," examining whether a music producer's technical contributions to a recording constitute co-authorship. The judgment clarifies the critical distinction between creative authorship and production services in determining copyright ownership. This decision carries significant implications for how the music industry documents and allocates rights between artists and technical contributor
NigeriaIntellectual Property
Adams & Adams
Adams & Adams
Article

Constitutional Court Delivers Landmark But Incomplete Copyright Ruling. Parliament Must Now Seize The Opportunity To Modernise South Africa’s Copyright Law For The AI Era

South Africa's Constitutional Court has delivered a landmark ruling on the Copyright Amendment Bill, upholding the controversial shift to 'fair use' while striking down broad educational exceptions for textbook copying. The judgment leaves critical questions unresolved about contract terms, ministerial powers, and the Bill's complete silence on generative AI—creating both constraints and opportunities as Parliament must now revisit legislation conceived over a decade ago.
South AfricaIntellectual Property
Adams & Adams
Adams & Adams