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

Chapter 8 : General Provisions

79. Guidelines

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(1)The Competition Commission may prepare, amend, replace and issue guidelines to indicate the Commission's policy approach to any matter within its jurisdiction in terms of this Act.

 

(2)A guideline referred to in subsection (1) must be published in the Gazette.

 

(3)Before the Competition Commission issues a guideline referred to in subsection (1), the Competition Commission must—
(a) publish a notice in the Gazette—
(i) stating that a draft guideline has been prepared;
(ii) stating the place, which may include the Competition Commission’s website, where a copy of the draft guideline may be obtained; and
(iii) inviting interested parties to submit written representations on the draft guideline within a reasonable period; and
(b) consider any representations which were submitted within the period specified in the notice.

 

(4)A guideline referred to in subsection (1) is not binding, but any person interpreting or applying this Act must take it into account

 

[Section 79 substituted by section 40 of Notice 175, GG 42231, dated 14 February 2019]