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

Notice No. 323

17 April 2015

These guidelines have been prepared in terms of section 79(1) of the Competition Act No. 89 of 1998 (as amended) ("the Act") which allows the Competition Commission ("Commission") to prepare guidelines to indicate its policy approach on any matter falling within its jurisdiction in terms of the Act.

There has been a growing need from the Competition Tribunal ("Tribunal"), the Competition Appeal Court ("CAC") and stakeholders for the Commission to develop guidelines for determining administrative penalties.1

These guidelines present the general methodology that the Commission will follow in determining administrative penalties for purposes of concluding consent orders and settlement agreements and recommending an administrative penalty in a complaint referral before the Tribunal. The Commission recognises that the imposition of administrative penalties is not a precise science. Therefore these guidelines will not prevent the Commission from exercising its discretion on a case-by-case basis. The primary objective of these guidelines is to provide objectivity and transparency in the method of determining administrative penalties.

See Southern Pipelines Contractors & Conrite Walls (Ply) Ltd v. Competition Commission Case Nos.: 105 &106/CAC/Dec 100