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ChecklistCompetition LawHard
Competition Law Checklist
Prepare competition-law questions by organising market facts, competitors, agreements, pricing conduct, merger plans, complaints, evidence, and regulator-risk notes.
Time to prepare3-6 hours
Before you start
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Before the appointment
0/4 completedOn consultation day
0/3 completedAfterwards
0/3 completedWhen It Applies
A business needs to assess competitor contact, pricing, exclusivity, market conduct, merger notification, dawn-raid risk, or a Competition Commission complaint.
You need a preparation pack before speaking to a competition lawyer.
Not For
- Deciding whether conduct is lawful without specialist advice.
- Destroying, editing, or coordinating evidence after a regulator concern arises.
Documents
- Competitor communications
- Pricing records
- Tender records
- Supply agreements
- Distribution agreements
- Franchise agreements
- Market data
- Sales records
- Board minutes
- Regulator correspondence
- Complaint documents
Timeline
- Immediately: preserve documents and identify urgent regulator or transaction dates.
- Before advice: map market, parties, conduct, and evidence.
- After advice: follow document-hold and communication instructions.
- Ongoing: update compliance guidance and records.
Tips
- Do not discuss the issue with competitors.
- Do not delete messages or pricing files.
- Keep legal advice requests confidential inside the right team.
- Ask early if a transaction may require merger notification.
Warning Signs
- Competitors discussed prices, customers, territories, tenders, or output.
- A regulator letter or dawn raid is possible.
- A dominant supplier or customer is involved.
- A merger or acquisition is moving before notification risk is checked.
Official sources
- Competition Commission South AfricaCompetition Commission, complaints, merger, and enforcement context.
- Competition Tribunal South AfricaTribunal and competition adjudication context.
- Competition Act 89 of 1998Competition law, prohibited practices, and merger context.
This checklist is for general information only and does not constitute legal advice.
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