| (1) | Despite anything to the contrary in any other legislation, public regulation or agreement, this Act applies to all economic activity within, or having an effect within, the Republic, subject to subsections (2) and (3). |
| (2) | This Act does not apply to— |
| (a) | collective bargaining within the meaning of section 23 of the Constitution and the Labour Relations Act, 1995 (Act No. 66 of 1995); |
| (b) | a collective agreement as defined in section 213 of the Labour Relations Act, 1995; or |
| (c) | concerted conduct designed to achieve a non-commercial socio-economic objective or similar purpose. |
| (3) | In so far as this Act applies to any conduct arising within an industry or sector of an industry that is subject to the jurisdiction of another regulatory authority in terms of any other legislation— |
| (a) | this Act, and that other legislation, must be construed as establishing concurrent jurisdiction in respect of any such conduct that is regulated in terms of both this Act, and that other national legislation, subject to paragraph (b), such that— |
| (i) | any other regulatory authority contemplated in this subsection will exercise primary authority to establish conditions within the industry that it regulates as required to give effect to the relevant legislation in terms of which that authority functions, and this Act; and |
| (ii) | the Competition Commission will exercise primary authority to detect and investigate alleged prohibited practices within any industry or sector, and to review mergers within any industry or sector, in terms of this Act; and |
| (b) | details of the administrative manner in which any concurrent jurisdiction contemplated in paragraph (a) is to be exercised, must be determined by an agreement between the Competition Commission and that other regulatory authority, as provided for in sections 21(1)(h) and 82(1). |
[Section 3 substituted by section 3 of Notice No. 875, GG 32533, dated 28 August 2009]
