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Sharing information with competitors especially within industry bodies: Competition Act Draft Guidelines, 2022

November 23, 2022

Via: LexBlog

How much is too much? How long is a piece of string? How much information can I share with my competitors, and in how much detail? What do the Competition Authorities have to say on the matter in South Africa? The 2022 Guidelines provide some clarity.

The Competition Act regulates agreements and understandings between competitors which contravene particular provisions of the Act. The Competition Authorities regard the mere exchange of information between, and the sharing of information among, competitors as potentially problematic because it can be used to facilitate, monitor or encourage collusive agreements and behaviour between and among competitors in contravention of the Act.

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