South Africa: Department of Trade, Industry and Competition adopted Online Intermediation Platforms Guidance Note

On 6 February 2026, the Competition Commission released its final Guidance Note for Online Intermediation Platforms, following the conclusion of its 2023 market inquiry into the sector. The inquiry had identified conduct by certain platforms that could impede or prevent competition. Although some firms agreed to implement time-limited, platform-specific remedies, the Guidance Note sets out the Commission’s general enforcement approach toward business-to-consumer platforms operating in South Africa, particularly those with market power. The Guidance Note is issued as non-binding guidelines under section 79 of the Competition Act. While it does not create new legal obligations or introduce ex ante regulation, it provides information on how the Commission will interpret and apply existing provisions of the Act when assessing platform conduct. The Commission remains bound by the statutory thresholds, including those relating to market power and dominance, but may require platforms to justify certain practices with financial and economic evidence. The document outlines the Commission’s approach to market definition, indicating that it will adopt a holistic assessment beyond market shares, taking into account factors such as differentiation, network effects, user dependency and market structure. In determining market power, the Commission will consider a range of qualitative and quantitative indicators, without establishing specific thresholds. The Guidance Note identifies several categories of conduct that may raise competition concerns. These include the use of price parity clauses, restrictions on interoperability, self-preferencing by vertically integrated platforms, the use of competitively sensitive data from business users, differentiated trading terms that disadvantage SMEs or historically disadvantaged persons, and potentially unfair trading conditions. For each category, the Commission explains the potential competition risks and indicates that platforms with market power may be required to demonstrate that the conduct is objectively justified and necessary for the sustainability of the platform. The Guidance Note clarifies how the Commission intends to assess the conduct of online intermediation platforms under existing competition law, with particular attention to the impact on smaller businesses and market access.