Frequently Asked Questions

CCCS Guidelines

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1. What are the CCCS guidelines?

The CCCS guidelines set out how CCCS will interpret and give effect to the Competition Act. It provides a conceptual and analytical framework for CCCS in its analysis and evaluation of cases. It also provides transparency and greater clarity to businesses on how CCCS will interpret and implement the competition law regime. The application of a set of CCCS guidelines will depend on the specific facts and circumstances of a particular case. It is not binding on CCCS and does not set a limit on the investigation and enforcement activities of CCCS.

2. Does CCCS guidelines have the effect of law?

The CCCS guidelines are only indicative of CCCS’s approach, and does not have the effect of the law. The guidelines are not a substitute for the Act and may be revised should the need arise. You should consider the facts and circumstances of each case when applying the guidelines and may wish to seek legal advice if in doubt about how you may be affected by the Act.

3. How many guidelines has CCCS issued?

Currently, 12 sets of guidelines can be found on CCCS website. The guidelines are: 

  1. CCCS Guidelines on the Major Competition Provisions
  2. CCCS Guidelines on the Section 34 Prohibition
  3. CCCS Guidelines on the Section 47 Prohibition
  4. CCCS Guidelines on the Substantive Assessment of Mergers
  5. CCCS Guidelines on Merger Procedures
  6. CCCS Guidelines on Market Definition
  7. CCCS Guidelines on the Powers of Investigation in Competition Cases 2016
  8. CCCS Guidelines on Directions and Remedies 
  9. CCCS Guidelines on Lenient Treatment for Undertakings Coming Forward with Information on Cartel Activity 2016
  10. CCCS Guidelines on Filing Notifications for Guidance or Decision with respect to the Section 34 Prohibition and Section 47 Prohibition 2016
  11. CCCS Guidelines on the Appropriate Amount of Penalty in Competition Cases
  12. CCCS Guidelines on the Treatment of Intellectual Property Rights

The Practice Statements published to date:

CCCS Practice Statement on the Fast Track Procedure for Section 34 and Section 47 Cases

4. Can the CCCS issue a guideline for my industry?

The existing guidelines indicate the types of activity or conduct across industries, which are affected by the Competition Act. Businesses should be able to apply the guidelines to their own sectors. Should a person be in doubt as to how his business may be affected by the Act, he may wish to seek legal advice or notify his conduct/agreement to CCCS for guidance/decision. CCCS is also open to requests to give presentations to industry associations to help them better understand the relevant guidelines.

5. Where can I find the guidelines?

You can find the guidelines on the CCCS website.

6. Is there some sort of summary for the guidelines?

The CCCS Guideline on the Major Competition Provisions contains a summary of all the guidelines that CCCS has issued. You can find it on the CCCS website.

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