South Africa
Competition Act compliance, made simple
12 yes/no questions on the Competition Act: dealings with competitors, dealings with suppliers and customers, abuse of a dominant position, mergers and acquisitions, and training. You get a score for each area and a list of gaps with what to do about each one.
ComplianceDesk gives you 15 pre-built Competition Act controls, an evidence vault, audit-ready reports, and reminders before anything falls overdue — so proving Competition Act compliance stops being a spreadsheet exercise.
Take the free self-assessment: a score for each area and a list of gaps to close.
What is Competition Act?
12 yes/no questions on the Competition Act: dealings with competitors, dealings with suppliers and customers, abuse of a dominant position, mergers and acquisitions, and training. You get a score for each area and a list of gaps with what to do about each one.
- Official name
- Competition Act
- Status
- In force. Shown as in force as we understand it. Check the current text with the regulator or an attorney, since provisions can be amended or commence at different times.
Who it applies to
- Whether it applies to you depends on your size, activities and licences. Use the free "Which laws apply to me?" checker, or read the first section of the self-assessment.
- The Act bans agreements between competitors that restrict competition, such as fixing prices, dividing markets or rigging tenders. Criminal liability for cartel conduct was reported as taking effect in 2026.
What you have to do
Dealing with competitors
A business should be able to show that it can answer yes to these: Do your staff know they must never agree with a competitor on prices, discounts, trading terms, who to supply or which areas to serve? Do you avoid sharing future pricing, costs, customers or tender plans with competitors, including at industry associations and events? Do you prepare tenders and quotes independently, with no consultation with other bidders on the price or who will win? If you need to cooperate with a competitor (for example a joint venture or a joint bid), have you taken legal advice first?
Dealing with suppliers and customers
A business should be able to show that it can answer yes to these: Do you avoid fixing the minimum price at which your customers or distributors resell your goods (resale price maintenance)? Have you reviewed your supply, distribution and exclusivity agreements for terms that could restrict competition?
Dominance
A business should be able to show that it can answer yes to these: Do you know whether you may be a dominant firm in a market, because of a large market share or market power? If you may be dominant, do you avoid excessive pricing, refusing to supply, predatory pricing or exclusive deals that block rivals?
Mergers and training
A business should be able to show that it can answer yes to these: If you plan to buy, sell or merge a business, do you check whether the deal is notifiable to the Competition Commission and wait for approval before you complete it? Do you keep merger-related information confidential and avoid acting as one business with the other party before approval? Do you train sales, procurement and senior staff on competition law, and have a clear way for them to ask questions or raise concerns? Do you know that the Commission can investigate, search premises and fine firms heavily, and do you know who would handle a dawn raid or an information request?
How to comply, step by step
- Dealing with competitors. Write a one-page competition law rule, brief everyone who deals with competitors, and have them sign it. Have an agenda and minutes for trade association meetings, and leave if sensitive topics come up. Require a signed independent bid declaration from the team preparing each tender. Involve an attorney before you share information or sign anything with a competitor. Answer Not applicable if you never do.
- Dealing with suppliers and customers. Say 'recommended price' only, and do not penalise those who sell for less. Answer Not applicable if you do not supply resellers. Have an attorney review exclusive dealing, tying and non-compete clauses.
- Dominance. Estimate your share of each market you serve, and note any market where you are among the largest. Take legal advice before changing pricing or supply terms if you are dominant.
- Mergers and training. Take advice at the start of any deal. Answer Not applicable if you have no deal planned. Use clean-team arrangements and keep decisions separate until approval. Run a yearly short session and publish a contact for questions. Make a short response plan: who receives officials, who calls the attorney, and what to preserve.
Sources and review status
Compiled from the public sources below. It is not legal advice and has not been reviewed by a lawyer. Last researched 2026-11-01. This is general information, not legal advice. Laws change, so check the current text and the regulator's notices before relying on it.
Every Competition Act control, organised for you
The real control library ComplianceDesk seeds the moment you activate Competition Act — 15 controls across 5 categories.
Restrictive Practices
- COMP-1.1 Cartel conduct (horizontal practices) prohibited
- COMP-1.2 Other horizontal agreements assessed under the rule of reason
- COMP-1.3 Resale price maintenance avoided
- COMP-1.4 Other vertical restraints assessed for competitive effect
Abuse of Dominance
- COMP-2.1 Market dominance position assessed
- COMP-2.2 Exclusionary conduct by dominant firms avoided
- COMP-2.3 Excessive pricing and exploitative conduct avoided
Merger Control
- COMP-3.1 Merger notification thresholds assessed
- COMP-3.2 Mergers not implemented before approval (no gun-jumping)
- COMP-3.3 Public interest factors addressed in merger filings
Exemptions
- COMP-4.1 Exemption application lodged for qualifying agreements
- COMP-4.2 Applicability of block exemptions assessed
Enforcement & Penalties
- COMP-5.1 Competition Commission information requests responded to timeously
- COMP-5.2 Administrative penalty exposure assessed
- COMP-5.3 Leniency/corporate leniency policy considered where applicable
Frequently asked questions
How can I check where my business stands on Competition Act?
Take the free self-assessment. It scores each area, lists your gaps with what to do about each one, and does not say you are compliant. You can save the result to ComplianceDesk to turn each gap into a task with an owner and a due date.
Is this guide written by a lawyer?
No. It was assembled from the public sources listed below and has not been reviewed by a lawyer. Treat it as a starting point and check the current law before relying on it.
How many controls does ComplianceDesk track for Competition Act?
15, organised into 5 categories, ready to assign to an owner as soon as you activate the framework.
Can I track Competition Act alongside other frameworks?
Yes — most teams activate several frameworks at once. Controls that overlap across frameworks can share the same evidence, so you don't collect the same document twice.
How long does it take to set up Competition Act in ComplianceDesk?
Activating Competition Act instantly seeds its full control library. Most teams assign owners and get their first controls moving within a day.
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