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Data Services Market Inquiry Extended

April 2, 2019

Department of Economic Development

2 April 2019

The Data Services Market Inquiry will now be completed by 31 December 2019.

The economic development department published the amended terms of reference in Government Gazette 42337.

The Inquiry was initiated in August 2017.

Last year the completion date was extended to 31 March 2019.

According to the department, a provisional report will be released by 30 April 2019.

Input on the provisional report will be invited.

The scope of the inquiry remains unchanged.

Meanwhile, in Notice 473, the department published final guidelines for the determination of administrative penalties for failure to notify mergers and implementation of mergers.

The guidelines represent the general methodology that the Competition Commission will follow in “determining administrative penalties when concluding consent or settlement agreements and seeking an administrative penalty in the Competition Tribunal in cases of failure to notify and/or prior implementation”.

Detail is provided on methodology – notification and/or implementation of a merger contrary to chapter 3 of the act, failure to notify and prior implementation, discount for settlement of cases by firm, ability to pay the administrative penalty, liability to pay and special provisions and discretion.

The guidelines came into effect on 1 April 2019.