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

Regulations

COVID-19 Block Exemption for the Hotel Industry, 2020

3. Category of agreements or practices exempted
Purchase cart Previous page Return to chapter overview Next page

 

The Minister hereby exempts the following categories of agreements or practices in the hotel industry from the application of sections 4 and 5 of the Act if undertaken at the request of, and in coordination with, the Department of Health and the Department of Tourism for the sole purpose of responding to the COVID-19 pandemic national disaster and which exclude communication and agreements in respect of prices unless specifically authorised by the Minister of Health and the Minister of Tourism:

 

Identification and provision of facilities

 

3.1. Agreements or practices in the hotel industry with the sole purpose of:
3.1.1. identifying and providing appropriate facilities for the accommodation of persons placed under quarantine, as determined by the Department of Health and the Department of Tourism.
3.1.2. communicating with each other in relation to capacities and utilisation of facilities for the accommodation of persons placed under quarantine, as determined by the Department of Health and the Department of Tourism.

 

Cost reduction measures

 

3.2. At the request of the Department of Health and the Department of Tourism and subject to oversight and guidance by the Department of Health and the Department of Tourism, agreements or practices in the hotel industry with the sole purpose of communicating and agreeing on the reduction of the cost of providing appropriate facilities for the accommodation of persons placed under quarantine, as determined by the Department of Health and the Department of Tourism.

 

3.3. For the avoidance of doubt, any discussion and/or agreement on pricing amongst the hotel industry for purposes of providing appropriate facilities for the accommodation of persons placed under quarantine as required by the Department of Health and the Department of Tourism must be specifically authorised by the Minister of Health and Minister of Tourism.