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

Regulations

Regulations on Non-Binding Advisory Opinions, 2024

1. Definitions
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In these regulations any word or expression to which a meaning has been assigned in the Act shall bear that meaning and, unless the context otherwise indicates,—

 

1.1"Act" means the Competition Act, No. 89 of 1998, as amended;

 

1.2 "Commission" means the Competition Commission of South Africa;

 

1.3"Competition Commission Rules" means the Rules for the Conduct of Proceedings in the Competition Commission published in Government Notice No. 22025 in Government Gazette Vol. 428 on 1 February 2001;

 

1.4"Constitutional Institutions" means an institution listed in Schedule 1 of the PFMA;

 

1.5"Department" means a national or provincial department or a national or provincial government component;

 

1.6"Firm" has the meaning set out in section 1(1)(xi) of the Act;

 

1.7"Major public entities" means the entities listed Schedule 2 of the PFMA;

 

1.8"Micro, small or a medium enterprise" is a firm that satisfies the criteria mentioned in column 3 and 4 of the schedule to the National Small Enterprise Act No. 102 of 1996, as amended;

 

1.9"Non-binding advisory opinion" means a written advisory opinion as contemplated in section 79A of the Act;

 

1.10"Non-profit organisation" has the meaning set out in section 1 of the Non-profit Organisations Act No. 71 of 1997, as amended ;

 

1.11"Other public entities" means the entities listed in Schedule 3 of the PFMA;

 

1.12"PFMA" refers to the Public Finance Management Act No. 1 of 1999, as amended;

 

1.13"Political party" means an association registered in terms of section  15(1) of the Electoral Commission Act No. 51 of 1996 as amended;

 

1.14"Requesting party" means a firm that has requested a non-binding advisory opinion from the Commission, whether or not legally represented; and

 

1.15"Trade union" means association of employees registered in terms of the Labour Relations Act 66 of 1995, as amended.