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

Schedules

Schedule 3 : Transitional Arrangements
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(1)A ruling issued in terms of section 6(2)(a) of the Maintenance and Promotion of Competition Act, 1979 (Act No. 96 of 1979), or notice issued in terms of section 14(1)(c) of that Act, in relation to an "acquisition" as defined in that Act, must be regarded for purposes of this Act, depending on the context, to be either—
(a)a conditional approval of a merger as if it had been granted after this Act came into operation by the Competition Commission in terms of section 14(1)(b)(ii), or by the Competition Tribunal in terms of section 15(2)(b); or
(b)a prohibition of a merger as if it had been prohibited after this Act came into operation, by the Competition Commission in terms of section 14(1)(b)(iii) or by the Competition Tribunal in terms of section 15(2)(c).

 

(2)An arrangement entered into in terms of section 11(1) of the Maintenance and Promotion of Competition Act, 1979 (Act No. 96 of 1979), must be regarded as having been confirmed as a consent order in terms of section 63 of this Act and is valid for a period of 12 months from the date on which this Act comes into operation.

 

(3)An exemption granted in terms of Section 14(5) of the Maintenance and Promotion of Competition Act, 1979 (Act No. 96 of 1979), must be regarded as having been granted in terms of section 10 of this Act and is valid for a period of 12 months from the date on which this Act comes into operation.

 

(3A)A notice issued by the Minister in terms of section 14(1)(c) of the Maintenance and Promotion of Competition Act, 1979 (Act No. 96 of 1979), in relation to a "restrictive practice" or a "monopoly situation" as defined in that Act, must be regarded as an order in terms of section 60(1)(a) of this Act and is valid for a period of 12 months from the date on which this Act comes into operation.

 

(4)Any reference in any other statute to—
(a)the Maintenance and Promotion of Competition Act, 1979 (Act No. 96 of 1979), must be regarded as a reference to this Act;
(b)a "restrictive practice" or "monopoly situation" as defined in terms of section 1 of the Maintenance and Promotion of Competition Act, 1979 (Act No. 96 of 1979), must be regarded as a reference to a "prohibited practice" in terms of this Act;
(c)an "acquisition" as defined in terms of section 1 of the Maintenance and Promotion of Competition Act, 1979 (Act No. 96 of 1979), must be regarded as a reference to a "merger" in terms of this Act;
(d)the "Competition Board" as established in terms of section 3 of the Maintenance and Promotion of Competition Act, 1979 (Act No. 96 of 1979), must be regarded as a reference to the Competition Commission.
(e)The chairperson of the Competition Board contemplated in section 3 of the Maintenance and Promotion of Competition Act, 1979 (Act No. 96 of 1979), must be regarded as a reference to either the Competition Commissioner contemplated in section 22 of this Act, or the chairperson of the Competition Tribunal contemplated in section 26 of this Act, as determined by the Minister.

 

(4A)Any transaction that takes place between the date on which this Act is published and the date on which this Act comes into operation, and which would constitute an intermediate or large merger if it had taken place after this Act came into operation, is regarded for a period of 12 months after the date on which this Act comes into operation as a merger in contravention of Chapter 3 and is subject to the provisions of section 62(1), unless—
(a)the transaction has been approved by the Competition Board in terms of the Maintenance and Promotion of Competition Act, 1979 (Act No. 96 of 1979); or
(b)the transaction has been notified in terms of item 4B.

 

(4B)Any party to a transaction contemplated in item 4A may, within three months after the date on which this Act comes into operation, notify the Competition Commission of the transaction in terms of section 13 as if it were an intermediate or large merger.

 

(4C)The provisions of Chapter 3, with the changes required by the context, apply to a transaction that is notified under item 4B.

 

(4D)After this Act comes into operation, any appeal pending before a special court contemplated in section 15 of the Maintenance and Promotion of Competition Act, 1979 (Act No. 96 of 1979), must be regarded as an appeal to the Competition Appeal Court contemplated in section 36 of this Act in the manner prescribed.

 

(4E)Subject to items 1 to 3A, the Competition Appeal Court may, after hearing any appeal contemplated in item 4D, make any decision that the special court could have made in terms of section 15(10) of the Maintenance and Promotion of Competition Act, 1979 (Act No. 96 1979), and the provisions of this Act otherwise apply to that decision, as if it were a decision of the Competition Appeal Court in terms of this Act.

 

(4F)
(1)Notwithstanding sections 6 and 11, the first determinations of thresholds made by the Minister in terms of those sections must be made before the date on which this Act comes into operation.
(2)Notwithstanding sections 6(2) and 11(2), the first determinations contemplated in subsection (1) take effect on the date on which this Act comes into operation.

 

(5)When this Act comes into operation an officer or employee appointed in terms of the Public Service Act, 1994, to serve the Competition Board established by the Maintenance and Promotion of Competition Act, 1979 (Act No. 96 of 1979), continues to be an officer or employee under the Public Service Act, subject to the direction of the Department of Trade and Industry.

 

(6)If an officer or an employee referred to in item 5 is appointed as an officer or employee of the Competition Commission, the accumulated value of that person's contributions to any pension fund, together with the accumulated value of the contributions made to that fund by that person's employer, may be transferred to a pension fund established for the benefit of the staff of the Commission.