Advisory opinions and clarifications

The Commission offers an advisory service to ensure that firms, which are regulated, understand the Competition Act, its interpretation and application to their day-to-day operations. The demand for this service is increasing and issues raised are getting more complex. The service includes advisory opinions, clarifications, meetings, training sessions and dissemination of information.

An advisory opinion is a written opinion of the Commission’s position in respect of a set of facts submitted by external parties. It offers guidance on the application and interpretation of the Competition Act, as well as the approach the Commission is likely to take in respect of certain transactions, agreements or practices. It is based entirely on the facts provided to us, taking into account relevant case law, policies of the Commission and previous opinions issued. These opinions are not binding on the Commission or the parties requesting them. However, if based on accurate facts, they offer the necessary guidance and clarity to stakeholders.

For a party to obtain an advisory opinion a letter outlining the facts on the matter in question must be sent to the Competition Commission’s Registry on fax number (012) 394 0166 or posted to Private bag x 23, Lynwood Ridge, 0040 or email ccsa@compcom.co.za.

Fees

In terms rule 10.4 of the Rules for the Conduct of Proceeding in the Competition Commission, a fee of two thousand five hundred rand only R2500 is payable by the party requesting an advisory opinion.

Competition Commission Bank Details

Bank:                           ABSA
Account Holder:       Competition Commission
Branch Name:           Pretoria
Branch Code:            323345
Account Number:    4050778576
Ref:                             (YOUR ASSOCIATION NAME AND YOUR NAME & SURNAME)

No forms required

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