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Competition Act, 1998
COVID-19 Block Exemption for the Retail Property Sector, 2020
Government Notice R358 of 2020
- Published in Government Gazette no. 43134 on 24 March 2020
- Commenced on 24 March 2020
- [This is the version of this document from 11 June 2020.]
1. DefinitionIn these Regulations any word or expression to which a meaning has been assigned in the Act shall bear that meaning and, unless the context otherwise indicates -
2. PurposeThe purpose of these Regulations is to exempt a category of agreements or practices between designated retail tenants and the retail property landlords from the application of sections 4 and 5 of the Act in response to the declaration of COVID-19 pandemic as a national disaster in terms of the Disaster Management Act, solely for the purpose of:
3. Category of agreements or practices exemptedThe Minister hereby exempts the following category of agreement or practice amongst and between designated retail tenants (as set out in Annexure A) and retail property landlords from the application of sections 4 and 5 of the Act, if undertaken at the request of, and in coordination with the Department of Trade, Industry and Competition, for the sole purpose of responding to the COVID-19 pandemic national disaster and which exclude communication and agreements in respect of prices unless specifically authorised by the Department of Trade, Industry and Competition:
4. Scope of the exemptionThe scope of these Regulations is limited only to the agreements or practices specified under paragraph 3 which have the sole purpose of responding to the COVID-19 pandemic national disaster as set out in paragraph 2.
Amendments to Regulations
5.Given the unpredictability of managing the COVID-19 pandemic, the areas of collaboration and designated retail tenant list exempted in these Regulations may be expanded or reduced by the Minister by notice published in the Government Gazette in terms of these Regulations.
6.To the extent that the retail property landlords and retail tenant of South Africa identify additional agreements or practices outside paragraph 3 that are necessary to achieve the purpose of these Regulations, they may request the Minister to expand the scope of the exemption.
7. MonitoringThe retail property landlords and designated retail tenants who participate in any agreements or practices falling within the scope of these exemptions must keep minutes of meetings held and written records of such agreements or practices.
8. Short TitleThese Regulations shall be called the COVID-19 Block Exemption for the Retail Property Sector, 2020.
Commencement and duration
9.These Regulations shall come into effect on the date of publication in the Government Gazette.
10.These Regulations shall remain in operation for as long as the declaration of the COVID-19 in terms of the National Disaster Management Act as a national disaster subsists, or until they are withdrawn by the Minister whichever comes earlier.
History of this Government Notice
11 June 2020 this version
24 March 2020Published in Government Gazette no. 43134Government Notice commences.Read this version
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