Guidelines: Sensitive Information exchange

Guidelines: Sensitive Information exchange logo

This follows their release in September 2022 for public comment.

The purpose of the guidelines is to address uncertainty in some quarters about the difference between permissible and impermissible information exchange under section 4 of the Competition Act, 1998 (restrictive horizontal practices). This is noting that permissible information exchange should enhance efficiencies in the sector concerned, but that the exchange of certain types of information ‘may potentially be harmful to competition’.

Click here to download the Guidelines:

https://18a66295-3a0f-41fb-a13d-9849edd3b2a3.usrfiles.com/ugd/18a662_2403a6eb1c9c4d6ba6ed8b82a3a330d4.pdf

Relevance to Auditors, Independent Reviewers & Accountants:

  • The Competition Act is yet another piece of legislation that your clients must comply with, and which you must assess compliance with.  If they don’t comply with the relevant laws and regulations, you have certain reporting obligations in terms of NOCLAR (NOn-Compliance with Laws And Regulations) – this could include reporting to management, qualifying your audit opinion, reporting a Reportable Irregularity, etc.

Relevance to Your clients:

  • An entity (company or close corporation) has a duty to comply with the Competition Act, and directors have to fulfil their duties accordingly, otherwise they could be held liable.

To stay current with all the latest changes and updates subscribe to our Monthly Compliance and Legislative Update series for R 250.00 per month. This gives you access to a monthly 2-hour webinar and monthly newsletter:
https://accountingacademy.co.za/profession/monthly-legislation-update


Get all your CPD online. SA Accounting Academy (SAAA) offers Subscription Plans, Live Webinars, Webinars On-Demand, Access to Experts, Courses, Articles and more:
https://cpd.accountingacademy.co.za.


The SA Accounting Academy (SAAA) Technical Resource Centre is constantly updated by our team of experts to help you stay compliant and informed.
The Technical Resource Centre service is free for all SAAA Designation CPD subscriber members to use.

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