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(d) a regulatory authority that initiates a review of its own legislation shall notify the Commission
of its intention to do so where -
(i) the contemplated review is anticipated to have implications on the enforcement of the
Competition Act in that sector; or
(ii) the nature of the sector justifies, in the regulatory authority's view, a departure from
normal competition principles;
(e) an invitation in terms of this sub-regulation shall be directed to the Executive Director of the
Commission;
(f) the Commission shall, through the Executive Director, advise the regulatory authority of its
views regarding the proposed review;
(g) a regulatory authority furnished with the Commission's views in relation to its proposed
review of its legislation shall formulate its proposed amendments in a manner consistent with
the views of the Commission.
Undertakings and compliance programs
33. (I) Where the Commission perceives that the market situation in which a person is involved requires
specific market behavior from such person which may only be effective monitored through undertakings,
the Commission may require such person to provide undertakings under section 11(1), 11 (2)(i), 35, 36
and 37(1) of the Act.
(2) When providing undertakings, the person shall ensure that the undertakings are (a) relevant to the competition and unfair trading issues that are of concern to the
Commission;
(b) practical;
(c) self-regulatory such as would not require the Commission's constant vigilance; and
(d) do not impose obligations on the Commission.
(3) The Commission may also require that such undertaking be signed between the Commission and
the person/s through a Memorandum of Understanding which shall detail information such as, but not
limited to the following (a) the name of the person giving the undertakings as well as that of the Commission;
(b) the preamble i.e. background information that triggered the request for undertakings;
(c) the actual undertakings;
(d) a declaration that the Commission shall make the undertakings public;
(e) signatories of the person and the corporate seal thereof, if applicable, but which seal shall not
have legal consequences if not affixed as long as the corporate representatives at director
level have signed; and
(f) a Commission representative's signature and the seal of the Commission.