South Africa: Department of Trade, Industry and Competition closes consultation on draft Online Intermediation Platforms Guidance Note

On 28 November 2025, the Department of Trade, Industry and Competition closes the public consultation, which had been open since 31 October 2025, on the draft Online Intermediation Platforms Guidance Note. The draft Guidance Note provides guidance to leading or largest online intermediation platforms operating in South Africa on conduct that may raise competition concerns, including conduct affecting competing platforms and businesses listed on the platform such as small and medium enterprises (SMEs) and businesses owned and controlled by historically disadvantaged persons (HDPs). The Guidance Note gives examples of conduct raising competition concerns in the online intermediation and platform markets, including using price parity clauses and competitively sensitive data. It states that the draft Guidance Note is not binding on the Competition Commission, the Competition Tribunal or the Competition Appeal Court and may be updated based on enforcement experience and adjudicative outcomes.