Businesses must re-examine their procurement policies carefully and also their trading terms and conditions
Recently enacted buyer-power and price-discrimination provisions of the Competition Act and regulations governing these provisions will have a significant effect on South African businesses on the buyer and supplier sides.
In February 2020, provisions relating to confidential information, buyer power and price discrimination in respect of small and medium-sized enterprises and firms owned or controlled by historically disadvantaged persons came into operation. Regulations governing the buyer power and price discrimination provisions were also published.
Dominant firms are now prohibited from imposing unfair prices or other trading conditions on SMME or HDP suppliers, but limited to dominant purchasers in the grocery retail and wholesale sector, agro-processing sector and e-commerce and online services sector. However, given the broad definition of the final sector as “the online sale of goods or services to businesses or consumers”, this arguably includes any business selling products or services online.
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