Further Legislative Developments

• Competition Act 89 of 1998: S. 3 amended by the National Health Insurance Act 20 of 2023, with effect from a date to be proclaimed
• South African Petroleum Industry Association (SAPIA): Notice extending the period of designation of the petroleum industry for the purpose of s. 10 (3) (b) (iv) (GenN 2204 in GG 49779 of 28 November 2023) (p3), (GenN 2334 in GG 50177 of 23 February 2024) (p3) & (GenN 2505 in GG 50680 of 21 May 2024) (p3)
• Memorandum of Understanding between the Competition Commission and the Construction Industry Development Board (CIDB) published and GN 829 in GG 40140 of 15 July 2016 terminated (GN 4391 in GG 50138 of 16 February 2024) (p101)
• Guidelines on the filing of merger notifications for hostile transactions published (GN 4543 in GG 50323 of 20 March 2024) (p3)
• Revised Public Interest Guidelines Relating to Merger Control published (GN 4544 in GG 50323 of 20 March 2024) (p21)
• Block Exemption Regulations for Small, Micro and Medium-Sized Businesses, 2022 published (GenN 2538 in GG 50746 of 3 June 2024) (p3)
• Extension of conditional exemption published 
  • Marang Africa Healthcare Proprietary Limited (GN 5022 in GG 50903 of 5 July 2024) (p13)
  • National Hospital Network ('NHN') (GN 4126 in GG 49791 of 1 December 2023 (p35) & GN 5022 in GG 50903 of 5 July 2024 (p13))
  • South African Petroleum Industry Association (SAPIA) (GN 4199 in GG 49863 of 14 December 2023 (p45) & GN 5160 in GG 51132 of 30 August 2024)

Proposed Future Developments

• Draft amendment to the determination of merger threshold and method of calculation in terms of s. 11 in GenN 216 in GG 31957 of 6 March 2009 for comment (GN 554 in GG 40902 of 9 June 2017) (p4)
• Proposed amendments to the method of calculation in terms of s. 11 published in GenN 216 in GG 31957 of 6 March 2009 and explanatory memorandum published for comment (GN 1004 in GG 41124 of 15 September 2017) (p9)
• Notice of Draft Enforcement Guidelines published for comment (GN 1327 in GG 42775 of 18 October 2019) (p21)
• Proposed amendments to forms, Regulations and Rules of the Competition Commission published for comment (GN 247 in GG 44309 of 23 March 2021 (p3) & GN 249 in GG 44319 of 25 March 2021 (p3))
• Proposed Regulations on Non-Binding Advisory Opinions, 2020 published for comment (GN 248 in GG 44310 of 23 March 2021) (p3)
• Draft guidelines on local procurement in the implementation of the South African Value Chain Sugarcane Master Plan to 2030 published for comment (GN 355 in GG 44469 of 23 April 2021) (p426)
• Draft Rules relating to a divestiture recommendation by the Commission in terms of s. 43D (2) of the Act published for comment (GN 3127 in GG 48184 of 8 March 2023) (p6)
• Draft Regulations on Non-Binding Advisory Opinions, 2023 published for comment (GenN 2265 in GG 49955 of 27 December 2023) (p3)
• Draft Vertical Restraints Regulations, 2023 published for comment (GenN 2539 in GG 50746 of 3 June 2024) (p12)
• Draft Block Exemption for Ports and Rail, 2024 published for comment (GenN 2576 in GG 50833 of 19 June 2024) (p3)
• Draft Guidelines on Indivisible Transactions published for comment (GN 5000 in GG 50880 of 28 June 2024) (p90)

Contact: myjutapockets@juta.co.za