South Africa Competition Act 89 of 1998
South Africa's competition statute: the prohibitions on cartel conduct and other restrictive horizontal and vertical practices, minimum resale price maintenance, abuse of dominance (excessive pricing, essential facilities, exclusionary acts, buyer power over SME and HDP suppliers) and price discrimination; the exemption route; merger notification, standstill, information and condition duties and the foreign-acquirer national security notice; market inquiry participation, confidentiality claims, cooperation with search and summons, consent orders and leniency; and the offences and directors' criminal liability for cartel conduct.
South Africa Competition Act 89 of 1998 is a compliance framework from South Africa with 5 domains and 23 controls. The largest domains are Chapter 2 Parts B and C and Chapter 2A: abuse of dominance, price discrimination and exemptions – South Africa Competition Act 89 of 1998 (6 controls), Chapter 2 Part A: restrictive horizontal and vertical practices – South Africa Competition Act 89 of 1998 (5 controls), Chapters 4A and 5: market inquiries, confidentiality, search, summons and complaint procedures – South Africa Competition Act 89 of 1998 (5 controls). Every control below carries what it requires and what an assessor expects to see.
Framework summaries on this platform are interpretations grounded in the published source, for educational and compliance planning purposes. They do not reproduce or replace the official standards. Refer to the authoritative source for the definitive text. Framework names and trademarks belong to their respective organisations.
Framework Domains (5)
Chapter 2 Part A: restrictive horizontal and vertical practices – South Africa Competition Act 89 of 1998
| Code | Title |
|---|---|
| south-africa-competition-act-89-of-1998::4-1a | No horizontal agreements or concerted practices that substantially lessen competition |
| south-africa-competition-act-89-of-1998::4-1b | No cartel conduct: price fixing, market division or collusive tendering |
| south-africa-competition-act-89-of-1998::4-2 | Presumption of cartel agreement where firms share directors, shareholders or significant interests |
| south-africa-competition-act-89-of-1998::5-1 | No vertical agreements that substantially lessen competition |
| south-africa-competition-act-89-of-1998::5-2 | No minimum resale price maintenance; recommended prices clearly non-binding |
Chapter 2 Parts B and C and Chapter 2A: abuse of dominance, price discrimination and exemptions – South Africa Competition Act 89 of 1998
| Code | Title |
|---|---|
| south-africa-competition-act-89-of-1998::10 | Exemptions: apply on the statutory grounds, give accurate information and honour conditions |
| south-africa-competition-act-89-of-1998::8-1a | Dominant firms: no excessive pricing to the detriment of consumers or customers |
| south-africa-competition-act-89-of-1998::8-1b | Dominant firms: access to essential facilities when economically feasible |
| south-africa-competition-act-89-of-1998::8-1cd | Dominant firms: no exclusionary acts without outweighing pro-competitive gains |
| south-africa-competition-act-89-of-1998::8-4 | Dominant firms in designated sectors: no unfair prices or trading conditions imposed on SME and HDP suppliers |
| south-africa-competition-act-89-of-1998::9 | Dominant sellers: no prohibited price discrimination between purchasers |
Chapter 3: merger control – South Africa Competition Act 89 of 1998
| Code | Title |
|---|---|
| south-africa-competition-act-89-of-1998::13 | Small mergers: notify when the Commission requires it and then stop implementing |
| south-africa-competition-act-89-of-1998::13A | Intermediate and large mergers: notify, inform employees or unions, and do not implement before approval |
| south-africa-competition-act-89-of-1998::13B-15 | Merger parties: supply the information the Commission requires, keep it accurate and honour approval conditions |
| south-africa-competition-act-89-of-1998::18A | Foreign acquiring firms: national security notification alongside the merger filing |
Chapters 4A and 5: market inquiries, confidentiality, search, summons and complaint procedures – South Africa Competition Act 89 of 1998
| Code | Title |
|---|---|
| south-africa-competition-act-89-of-1998::43B-43G | Market inquiries: participate and respond to the Commission's information requests |
| south-africa-competition-act-89-of-1998::44-45A | Confidential information: claim it in the prescribed form and respect the restricted-use rules |
| south-africa-competition-act-89-of-1998::46-49 | Entry and search: admit inspectors, give access to records and systems, and assert privilege properly |
| south-africa-competition-act-89-of-1998::49A | Summons: attend, produce the documents specified and answer truthfully |
| south-africa-competition-act-89-of-1998::49D-49E | Consent orders and leniency: the cooperative routes to resolution |
Chapters 6 to 8: enforcement, offences and general provisions – South Africa Competition Act 89 of 1998
| Code | Title |
|---|---|
| south-africa-competition-act-89-of-1998::69 | Confidential information obtained under the Act is not disclosed |
| south-africa-competition-act-89-of-1998::70-73 | No hindering, obstruction, false information or breach of orders |
| south-africa-competition-act-89-of-1998::73A | Directors and managers: personal criminal liability for causing or knowingly acquiescing in cartel conduct |
What is South Africa Competition Act 89 of 1998 and who does it apply to?
South Africa Competition Act 89 of 1998 is a compliance framework from South Africa with 5 domains and 23 controls. South Africa's competition statute: the prohibitions on cartel conduct and other restrictive horizontal and vertical practices, minimum resale price maintenance, abuse of dominance (excessive pricing, essential facilities, exclusionary acts, buyer power over SME and HDP suppliers) and price discrimination; the exemption route; merger notification, standstill, information and condition duties and the foreign-acquirer national security notice; market inquiry participation, confidentiality claims, cooperation with search and summons, consent orders and leniency; and the offences and directors' criminal liability for cartel conduct. It is used by organisations to establish and maintain compliance with industry standards and regulatory requirements.
What does South Africa Competition Act 89 of 1998 actually require?
South Africa Competition Act 89 of 1998 has 23 controls organised across 5 domains. The largest domains are Chapter 2 Parts B and C and Chapter 2A: abuse of dominance, price discrimination and exemptions – South Africa Competition Act 89 of 1998 (6 controls), Chapter 2 Part A: restrictive horizontal and vertical practices – South Africa Competition Act 89 of 1998 (5 controls), Chapters 4A and 5: market inquiries, confidentiality, search, summons and complaint procedures – South Africa Competition Act 89 of 1998 (5 controls). Each control defines specific requirements that organisations must implement to achieve compliance.
If I already comply with another framework, how much of South Africa Competition Act 89 of 1998 do I already cover?
South Africa Competition Act 89 of 1998 does not currently have cross-framework mappings in our system. Check back as we continuously expand our mapping database.
How do I implement South Africa Competition Act 89 of 1998?
Start your South Africa Competition Act 89 of 1998 compliance journey by running a self-assessment on our platform to identify your current compliance posture. Our AI advisory can answer specific questions about South Africa Competition Act 89 of 1998 requirements, and cross-framework mapping helps you leverage existing controls from other frameworks you may already comply with. Create a free account to access all 23 controls and track your progress.
Start Your Compliance Journey
Create a free account to run self-assessments, get AI advisory, and track your compliance progress across 1,248 frameworks.
Get Started Free →Free forever, no credit card required