Competition Act, 1998 (Act No. 89 of 1998)

Chapter 2 : Prohibited Practices

Part B : Abuse of a Dominant Position

6. Restricted application of Part

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(1)The Minister, in consultation with the Competition Commission, must determine—
(a)a threshold of annual turnover, or assets, in the Republic, either in general or in relation to specific industries, below which this Part does not apply to a firm; and
(b)a method for the calculation of annual turnover or assets to be applied in relation to that threshold.

 

(2)The Minister may make a new determination in terms of subsection (1) in consultation with the Competition Commission.

 

(3)Before making a determination contemplated in this section, the Minister, in consultation with the Competition Commission, must publish in the Gazette a notice
(a)setting out the proposed threshold and method of calculation for purposes of this section; and
(b)inviting written submissions on that proposal.

 

(4)Within six months after publishing a notice in terms of subsection (3), the Minister, in consultation with the Competition Commission, must publish in the Gazette a notice—
(a)setting out the threshold and method of calculation for purposes of this section; and
(b)the effective date of that threshold.

 

[Section 6 substituted by section 4 of Notice No. 1354, GG 21880, dated 13 December 2000]