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

Regulations

Buyer Power Regulations, 2020

5. Trading conditions
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Factors and benchmarks for determining whether a trading condition may be deemed unfair include the following:

 

(a)The trading condition unreasonably transfers risks or costs onto a firm in the designated class of suppliers;
(b)the trading condition is one-sided, onerous or not proportionate to the objective of the clause (such as unduly long payment terms); or
(c)the trading condition bears no reasonable relation to the objective of the supply agreement.