On 18 June 2015, the CAK published the terms of two voluntary disclosure programs applicable to trade associations in the financial, agriculture and agro-processing sectors (Government Notices No. 4608 and 4609).

  • In terms of the Notices, trade associations are encouraged to review their practices for potential contraventions of the Competition Act, No. 12 of 2010 (Act).  Contraventions identified may be reported in exchange for immunity from prosecution by the CAK. Trade associations must report how the Act was contravened and how the contraventions have been remedied.  A standard trade association reporting template must be used.
  • The initial deadline for submissions was 30 September 2015, but the CAK has extended this to 10 months from the date of publication of the Notices (i.e. the deadline is now mid-April 2016).
  • Section 22 of the Act provides that certain practices by trade associations are restrictive and are unlawful, including the unjustifiable exclusion of a competitor or potential competitor from a trade association and a trade association making price recommendations to its members.