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Draft Regulations on Non-Binding Advisory Opinions Drawn Up

March 25, 2021

Department of Trade, Industry and Competition

Proposed Regulations on Non-Binding Advisory Opinions have been drawn up.

The trade, industry and competition department published the draft Regulations in Government Gazette 44310 for comment.

The draft Regulations were drawn up in terms of the Competition Act.

The aim of the draft Regulations is to set out the process for requesting a non-binding advisory opinion contemplated in section 79A of the act; the legal status of a non-binding advisory opinion and the fees payable for a non-binding advisory opinion.

A request for a non-binding advisory opinion must be made in writing to the Competition Commission.

Fees include R20 000 for medium enterprises and R50 000 for other market participants.

The aim of the non-binding advisory opinion is to assist market participants to comply with the provisions of the act and to provide market participants with non-binding guidance on compliance with the act.

Comment is invited within 30 days of the date of publication.

In Gazette 44309, the department published proposed amendments to Forms, Rules and Regulations of the Competition Commission.

A new Rule 15A on access to confidential information submitted to the Commission is proposed.

It proposes that, prior to the Commission making the determination contemplated in section 44(3) of the act in respect of information submitted to the Commission under a confidentiality claim, the Commission must issue a notice of intention to make a determination in Form CC 23 to the claimant and the respondent and allow the claimant and the respondent 5 business days to make representations to the Commission.

An amendment is also proposed to Rule 35 on participation by the minister in Commission merger proceedings.

Comment is invited within 30 days of the date of publication.

In Gazette 44306, the department invites comment on the prohibition on the use of certain words and emblems associated with the 2021 British and Irish Lions Rugby Tour of South Africa.

The call was made in terms of the Merchandise Marks Act.

Comment is invited within 30 days of the date of publication.