Exclusions & Exemptions

To whom does the Act apply?

The Act applies to all private sector undertakings that are capable of carrying out commercial and economic activities, and it will apply regardless of whether the undertaking is owned by a foreign entity or is owned by the Government or a statutory body and unless specifically excluded.

However, as the intent of the Competition Act is to regulate the conduct of market players, it does not apply to any activity, agreement or conduct undertaken by the Government, a statutory board or any person acting on their behalf. 

When did the Act come into force?

For sections 34 and 47 prohibitions, the Act applies only for an agreement in force or conduct that took place after 1 January 2006. For the section 54 prohibition, the Act applies only for a merger that has been or will be carried into effect after 1 July 2007.