1.1 These guidelines have been prepared in terms of section 79(1) of the
Competition Act No. 89 of 1998, as amended (“the Act”) which provides that the Competition Commission (“Commission”) may prepare guidelines to indicate its approach on any matter falling within its jurisdiction in terms of the Act. These guidelines are not binding on the Commission, the Competition Tribunal or the Competition Appeal Court in the exercise of their respective discretion, or their interpretation of the Act.
1.2 This process was triggered by multiple complaints the Commission received in from various independent players in the automotive aftermarket as well as members of the public. These parties raised concerns about alleged anticompetitive practices, such as pricing behaviour in the automotive aftermarket, and agreements that foreclose independent players at all levels of the automotive value chain.
1.3 These guidelines provide practical guidance for the Automotive industry, with the aim of transforming the automotive aftermarket and encouraging competition through greater participation of small businesses as well as historically disadvantaged groups.