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 fax number (012) 394 0166 or post it to Private bag x 23, Lynwood Ridge, 0040 or email firstname.lastname@example.org.
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.
No forms required