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

Regulations

Buyer Power Regulations, 2020

4. Determination of unfair price

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Factors and  benchmarks for determining  the  unfairness  of the  price include the following:

 

(a)The prices paid to other suppliers of like goods or services, in particular those outside the designated class, and whether such prices are higher;
(b)the magnitude of any differences in prices to other suppliers of like goods or services;
(c)whether reductions in the existing purchasing price are directly or indirectly required from, or imposed on, the supplier;
(d)whether reductions to an existing purchasing price are retrospective, unilateral or unreasonable;
(e)whether costs are directly or indirectly imposed on or required from the supplier which reduce the net price received by the supplier; or
(f)whether  the direct or undirect imposition or requirement of costs is retrospective, unilateral or unreasonable.