Competition Act, 1998 (Act No. 89 of 1998)RegulationsBuyer Power Regulations, 20201. Interpretation |
In these Regulations—
| (a) | a word or expression to which a meaning has been assigned in the Act, has the meaning so assigned,; |
| (b) | a reference to a section by number refers to the corresponding section of the Act; |
| (c) | a reference to a regulation by number refers to the corresponding item of these Regulations, and |
unless the context indicates otherwise,
constitutes the processing of raw materials and intermediate products derived from the agricultural sector, including agriculture, forestry and fisheries;
means small business or medium sized business as defined in section 1 of the Act and any regulations made by the Minister; or alternatively a firm controlled and owned by historically disadvantaged persons within the meaning of the Act and within the benchmarks determined by these Regulations;
constitutes the wholesale or retail of food, pet food, drinks, cleaning products, toiletries and household goods;
includes the sale, or facilitation of sale, of goods supplied by third party businesses;
constitutes the online sale of goods or services to businesses or consumers;
include—
| (a) | the provision or facilitation of a service using contracted individuals or other businesses to supply the service that forms the basis for an online sale; and |
| (b) | online e-commerce market places, online application stores and so-called 'gig economy' services. |
includes discounts, rebates, commissions, allowances or credit;
include any explicit terms contained in contractual arrangements as well as any implied or actual trading terms implemented by the buyer outside of the supply contract; and
means the Competition Act, 1998 (Act No. 89 of 1998).