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Proposed Amendments to Competition Commission Forms, Rules and Regulations Drawn Up

March 26, 2021

Department of Trade, Industry and Competition

Proposed amendments to Forms, Rules and Regulations of the Competition Commission have been republished.

The trade, industry and competition department published the draft amendments in Government Gazette 44319 for comment.

The draft amendments were first published in Gazette 44309.

However, the annexures were not attached.

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(1) and (4) on participation by the minister in Commission merger proceedings.

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

Meanwhile, the department recently briefed parliament on African integration and the African Continental Free Trade Area (AfCFTA).

According to the department, in order to underpin the AfCFTA, a whole-of-government implementation plan will be put into effect starting in 2021-22 including Master Plan sectors (autos, steel, poultry, sugar, agro-processing, clothing and machinery) to finalise an AfCFTA chapter; provinces and districts to be assisted with a template to help identify both the opportunities for firms in their area and the local/provincial government contributions to realise this; identify export-champions that will support SMEs and black industrialists to gear up for new markets; an industrial conference proposed (DSI+DTIC) to consider an innovation strategy to support SA exports under the AfCFTA and support the work of other line departments to enable progress with border-posts, ports, rail, road, energy and trade-infrastructure that facilitates the AfCFTA.

The department emphasized that it was critical that a range of countries develop capacity to manufacture goods for export.

In order for sustainability, the benefits of the AfCFTA must be shared across the continent.

In another briefing the department updated parliament on the implementation of the Special Economic Zones (SEZ) programme.

In 2021, the department plans to finalise provincial consultations on the new SEZ approach; finalise the 10 year SEZ Development Roadmap and consult with the public enterprises and transport ministers, including Transnet, to explore possible discounts on ports tariffs as well as the development of the Gauteng-Eastern Cape rail corridor.