The Competition Commission has published for public comment:
Draft Guidelines for the Determination of Administrative Penalties for Prohibited Practices. The guidelines demonstrate the general methodology that the Commission will use in determining administrative penalties for consent orders and settlement agreements, as well as for recommending penalties to be imposed by the Competition Tribunal in complaint referrals. An important inclusion in the guidelines is the prospect of parental liability. This means that the Commission will, in certain circumstances, seek to impose penalties on a holding company where its subsidiary has been found to have contravened the Competition Act. The closing date for comments is 30 January 2015; and
Draft Guidelines for the Assessment of Public Interest Provisions in Merger Regulation. The guidelines seek to provide guidance on the Commission’s approach to analysing mergers when evaluating public interest grounds in terms of section 12A(3) of the Competition Act. The closing date for comments is 23 February 2015.