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Competition law in South Africa is primarily based on the Competition Act No 89 of 1998 (‘the Competition Act’), which came fully into force on 1 September 2009 after it had been amended by the Competition Amendment Act No 35 of 1999. It was thereafter amended on two further occasions.
The latest development to impact on competition law in South Africa is the Competition Amendment Act No 1 of 2009 (‘the Competition Amendment Act’). The Competition Amendment Act has introduced amendments relating to the concurrent jurisdiction of the Competition Commission and industry-specific regulators.
The Competition Act is complemented by subsidiary legislation in the form of regulations relating to the functions of the competition institutions. These regulations are in the form of Rules for the Conduct of Proceedings in the Competition Commission and Rules for the Conduct of Proceedings in the Competition Tribunal (which were published in Government Gazette No 22025 of 2 February 2001), and the Determination of Merger Thresholds and Method of Calculation (which was published in Government Gazette No 31957 of 6 March 2009).
The Competition Act gives specific instructions on how it is to be interpreted. Section 1(2) states that the Competition Act must be interpreted:
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