South Africa Competition Act 89 of 1998 43B-43G: Market inquiries: participate and respond to the Commission's information requests

What does 43B-43G require?

The Commission may conduct a market inquiry where it has reason to believe one or more features of a market impede, distort or restrict competition, or to achieve the Act's purposes, publishing terms of reference at least 20 business days beforehand (section 43B). Firms in the market, unions and employees, regulators, the Minister and other persons with a material interest may participate; participants can be required to answer surveys and questionnaires and to respond to information requests and submissions, and summons powers (section 49A) and the offences for failing to answer fully or truthfully apply (sections 43B(3) and 43G(4)). Where the Commission finds that competition is adversely affected, it must act to remedy that, including recommendations to the Minister, consent orders or, for structural remedies, an application to the Tribunal, which may order divestiture (sections 43D, 43E and 60(2)(c)).