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

Regulations

Energy Users Block Exemption, 2023

2. Purpose

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(2) The purpose of these Regulations is to give effect to the purposes of the Act as set out in section 2 of the Act by exempting a category of agreements or practices by Energy Users from the application of sections 4(1)(a), 4(1)(b)(i) - excluding the fixing of the selling prices of goods and services to customers or consumers, 4(1)(b)(ii) and 5(1) of the Act in response to the Electricity Supply Constraint:
(a) solely with the purpose of enabling collaboration to:
(i) secure backup or alternative energy supply; or
(ii) reduce energy costs; or
(iii) promote the optimisation and efficient use of energy supply; or
(iv) secure shared or adjacent sites, infrastructure, equipment and facilities.
(b) in order to contribute to regulatory measures aimed at the prevention of the escalation of the Electricity Supply Constraint.