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

Notices

Guidelines for the Determination of Administrative Penalties for Prohibited Practices

6. Discount for settlement of cases by firm
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6.1The Commission, at its sole discretion, may offer a discount of between 10% - 50% off the administrative penalty derived in applying the six-step methodology above. In doing so, the Commission will consider, inter alia:
6.1.1The firm's demonstrated willingness to expeditiously conclude settlement with the Commission. Firms that settle their cases with the Commission in the early stages of the investigation are likely to enjoy a greater settlement discount than those firms who settle on the eve of litigation;
6.1.2The extent to which the firm assists in the prosecution of other firms involved in the contravention. The Commission may take into account relevant factors, such as whether the firm provided timeous, complete and/or accurate information that will corroborate other evidence gathered by the Commission during the investigation. The following factors provide guidance on the Commission's expectations from a firm and these may earn the firm a maximum discount for cooperating with the Commission and Tribunal:
6.1.3Being proactive in approaching the Commission with information of the possible existence of anti-competitive conduct. This does not negate the objectives of the Commission's CLP in respect of cartel activity, but may be beneficial (earn discounts) to a firm that does not achieve full immunity in terms of the Commission's CLP;
6.1.3.1Providing full evidence, such as documents, under the control and/or possession of the contravening firm which may be relevant to the Commission's ongoing investigations and/or prosecutions that enable the Commission to effectively and expeditiously prosecute cases; and
6.1.3.2Make available to the Commission all and any witnesses to testify at the Tribunal in support of the Commission's case.