Question
What kind of matters does the Commission investigate?
Answer
The Commission has the mandate to investigate all competition concerns as envisaged by the Act. These include restrictive practices, abuse of dominance, exemptions from the application of the Act and mergers and acquisitions.
Questions
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Price awarding or promotional competitions falls outside of the jurisdiction of the Commission. The possible forum to direct price awarding or promotional competition complaints is with the National Lottery Board. One of the functions of the National Lottery Board is to regulate promotional competitions and to address any complaints that may arise in respect of them. You may contact the National Lottery Board by writing to PO Box 1556, Brooklyn Square, 0075 Pretoria or by telephone on 08600 65383.
Questions
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The Office of the Consumer Protector (“OCP”) is mandated to provide the public with advice and direction as to your rights as a consumer in this regard. You can contact the Customer contact centre at 0861 843 384. If the complaint needs to be followed-up, you can fax, email, post or approach the office directly. The appropriate contact details in this regard can be obtained on www.thedti.gov.za Insurance enquiries may also be directed to the Ombudsman for insurance. The Ombudsman for short-term insurance can be contacted by telephone on (011) 726 8900 or by facsimile at (011) 726 5501. The Ombudsman for long-term insurance can be contacted by telephone on (021) 657 5000 or by fax at (021) 674 0951.
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The Commission does not assist with any of the above matters, save to the extent that they implicate the provisions of the Competition Act. Any matters giving rise to a party’s rights or obligations under a contract should be directed to an attorney for legal advice. You may approach the Law Society of South Africa for advice on the appropriate forum for the resolution of your dispute. They can be contacted on (012) 366 8800 or by fax on (012) 362 0969. Subject to certain qualifications, the Legal Aid Board may also be of assistance. The head office number is (011) 877 2000. Alternatively, you can dial the following single access number: 08610 LEGAL (53425).
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Questions
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In so far as of the Competition Act, 89 of 1998 (“the Act”) applies to an industry, or sector of an industry, that is subject to the jurisdiction of another regulatory authority in respect of conduct regulated in terms of Chapter 2 or 3, the Act will be construed as establishing concurrent jurisdiction in respect of that conduct.
Question
I have finished repaying my debt / I was wrongfully accused of indebtedness. Can the Commission assist me to clear my Credit Bureaux listing?
Answer
The National Credit Regulator is possibly the appropriate forum to direct your complaint. It is mandated to deal with credit bureaux listing queries and related consumer rights. You may contact the National Credit Regulator on 0860 627 627 or by email at info@ncr.org.za or complaints@ncr.org.za.
Question
Can the Commission assist me to rescind a judgement that was erroneously granted against me in terms of which a garnishee order was placed on my salary ?
Answer
If you suspect that a court judgment was erroneously granted against you, the possible avenue to lodge a complaint against such judgment is with the clerk of the court in which the judgment was granted, and enquire about the reasons for granting of the order and about the possibility and procedure for its rescission if it is in fact erroneous.
Question
Medical aid schemes have entered into exclusive distribution agreements in terms of which the medical aid schemes appoint a network of chain group pharmacies as disignated service providers (“PSPs”) that will dispense medication to the members of the medical aid schemes. Is this anticompetitive?
Answer
The Commission has previously found that the appointment of DSPs, and notwithstanding that in that case the agreements did not result in the substantial prevention or lessening of competition, resulted in pro-competitive efficiencies such as, inter alia, cost saving and more efficient provision of goods and services. This was found to have a positive effect on the market considering the fact that cost efficiency remains a key challenge in the South African private health care market.