| (1) | Subject to the provisions of any law, the Competition Commission may, in relation to each adverse effect on competition, take action to remedy, mitigate or prevent the adverse effect on competition. |
| (2) | The action taken in terms of subsection (1) may include a recommendation by the Competition Commission to the Competition Tribunal in terms of section 60(2)(c), and the Competition Tribunal may make an appropriate order in relation thereto. |
| (3) | The decision of the Competition Commission in terms of subsection (1) must be consistent with the decisions of its report unless there has been a material change in circumstances since the preparation of the report or the Competition Commission has a justifiable reason for deciding differently. |
| (4) | Any action in terms of subsection (1) must be reasonable and practicable, taking into account relevant factors, including— |
| (a) | the nature and extent of the adverse effect on competition; |
| (b) | the nature and extent of the remedial action; |
| (c) | the relation between the adverse effect on competition and the remedial action; |
| (d) | the likely effect of the remedial action on competition in the market that is the subject of the market inquiry and any related markets; |
| (e) | the availability of less restrictive means to remedy, mitigate or prevent the adverse effect on competition; and |
| (f) | any other relevant factor arising from any information obtained by the Competition Commission during the market inquiry. |
[Section 43D inserted by section 26 of Notice 175, GG 42231, dated 14 February 2019]
