Competition Act, 1998 (Act No. 89 of 1998)RegulationsEnergy Users Block Exemption, 2023Notice No. 3447 of 2023 |
Notice No. 3447
24 May 2023
GG 48651
Department of Trade, Industry and Competition
| (1) | I, Ebrahim Patel, Minister of Trade, Industry and Competition, after consultation with the Competition Commission, hereby in terms of section 10(10) read with section 78(1) of the Competition Act, 1998 (Act No. 89 of 1998) as amended (the Competition Act), make the Regulations as set out in the Schedule hereto. |
| (2) | The purpose of these Regulations is to give effect to the purposes of the Competition Act as set out in section 2 of the Competition 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 Competition 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. |
| (3) | These Regulations will come into effect on the date of publication hereof in the Gazette. |
Mr Ebrahim Patel
Minister of Trade, Industry and Competition
Date: 23 May 2023