Remedies

The competition authorities have a multitude of remedies at their disposal, including:

• interdicting a prohibited practice (both as final and interim relief);
• ordering the reasonable supply or distribution of goods to bring a prohibited practice to an end;
• imposing an administrative penalty of up to 10% of the transgressing firm’s annual turnover in South Africa;
• ordering divestiture of assets;
• declaring an agreement or part thereof void;
• ordering a dominant firm to grant reasonable access to an essential facility.

In addition to the remedies at the disposal of the competition authorities, a third party may institute civil action against a company once there has been a finding that the conduct complained of by the third party is a prohibited practice for purposes of the Competition Act.