An Advisory Opinion is a written opinion of the Commission’s position in respect of a set of facts submitted by external parties. Its aim is to assist in interpreting provisions of the Act and to provide business with guidance on the position that the Commission is likely to take in respect of certain transactions, agreements or practices. An Advisory Opinion is not binding on the Commission. The Commission may at any time review its position vis-à-vis the facts presented. Furthermore, the Commission will only formulate an opinion on the basis of a disclosed set of facts. Should the facts change in any way, the Commission may revise its position.
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 ccsa@compcom.co.za.
In terms of section 79A of the Competition Act, read with regulation 8 of the Regulations on non-binding advisory opinions a fee of R24 000.00 (Medium enterprises and firms) and R60 000.00 (Other Firms) is payable by the party requesting a non-binding advisory opinion.
