Still not in force are the controversial new rules on buyer power, price discrimination (both calculated to benefit small and black-owned businesses) and the “national security veto” on certain foreign investments. Presumably this is because these substantive provisions require the promulgation of additional regulations to be effectively enforced.
The administrators of the Act (commission and the ministry in charge of competition) will be pleased to note that their enhanced powers of appeal in merger proceedings and to conduct market inquiries are now in force. Also in force are various additional factors to be taken into account in merger analysis, such as: structural links into related markets; the effect on small businesses; and ownership by historically disadvantaged persons and workers. Repeat offenders are now also liable for a penalty of up to 25%, and all contraventions are now subject to a penalty on a first offence.
The provisions that are not yet in force, and which will be proclaimed at a later date are: