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

Notices

Guidelines for the Determination of Administrative Penalties for Failure to Notify Mergers and Implementation of Mergers Contrary to the Competition Act No. 89 of 1998, as amended

9. Special provisions and discretion
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9.1. For the avoidance of doubt, the imposition of an administrative penalty does not preclude the Commission from pursuing other remedies that seek to address the harm caused to competition as a result of the contravention, including divestiture.

 

9.2. The steps outlined above reflect the general methodology that the Commission will follow in the determination of administrative penalties in respect of a contravention of section 13A of the Act. However this does not fetter the Commission’s discretion in seeking any appropriate administrative penalty in terms of section 59(2) of the Act.

 

9.3. These guidelines do not fetter the discretion of the Commission and/or the Tribunal and/or the CAC to consider administrative penalties on a case-bycase basis