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Exclusions and Exemptions
This page outlines exclusions and exemptions under the Competition Act.
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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.
What are the specific areas of exclusion and exemption?
The Competition Act provides for certain exclusions/ exemptions as follows:
Applicable prohibition(s) | Exclusions/ Exemptions |
Section 34 prohibition |
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Section 34 and Section 47 prohibitions |
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Section 54 prohibition |
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Section 34, Section 47 and Section 54 prohibitions | Specified activities covering:
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Where can I find more information?
Competition Act and CCCS Guidelines – Access the Third and Fourth Schedules of the Competition Act.
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