Report of the Select Committee on Economic and Foreign Affairs on the Competition Amendment Bill [B31B – 2008] (National Assembly – sec 75), dated 28 August 2008.

The Select Committee on Economic and Foreign Affairs, having considered the subject of the Competition Amendment Bill [B31B – 2008] ( National Assembly – sec 75) referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, agrees to the Bill with proposed amendments as follows:

CLAUSE 3

1. On page 4, in line 10, to omit “these Acts” and to substitute “this Act, and that other national legislation".

CLAUSE 4

1. On page 4, in line 35, to omit “parallel conscious” and to substitute “conscious parallel”.

2. On page 4, after line 42, to insert the following subsection:

“(2) For the purposes of subsection (1)(b) ‘conscious parallel conduct’ occurs when two or more firms in a concentrated market, being aware of each other’s action, conduct their business affairs in a cooperative manner without discussion or agreement.”

3. On page 4, in line 51, to omit “(2)” and to substitute “(3)”.

4. On page 4, in line 53, to omit “(4)” and to substitute “(5)”.

5. On page 5, from line 11, to omit “the Tribunal”.

6. On page 5, in line 12, to omit “(3)” and to substitute “(4)”.

7. On page 5, in line 16, to omit “(3)” and to substitute “(4)”.

8. On page 5, in line 17, to omit “(4)” and to substitute “(5)”.

CLAUSE 5

1. On page 5, in line 34, to omit “the National Assembly” and to substitute “Parliament”.

CLAUSE 12

1. On page 8, from line 48, to omit subsection (2) and to substitute:

“(2) For the purpose of subsection (1)(b), ‘knowingly acquiesced’ means having acquiesced while having actual knowledge of the relevant conduct by the firm.”.

2. On page 9, in line 7, after “subsection (4)”, to insert “,”.

3. On page 9, in line 27, to omit “in the absence of evidence to the contrary, conclusive” and to substitute “prima facie”.