Competition Alert
‘Aftermarket’ Guidelines Comments Closed
September 21, 2026
Competition Alert‘Aftermarket’ Guidelines Comments ClosedSeptember 21, 2026 On 21 August 2026, the Competition Commission of South Africa ("Commission") published its draft Guidelines on Repair, Service, and Maintenance Aftermarkets ("Guidelines") for public comment, together with a comprehensive background note (“Background”). The Commission has proposed the Guidelines following its observations that many of the concerns it identified in the automotive aftermarket sector are not unique to that sector – similar issues have emerged in relation to electronic devices, appliances, equipment and other durable goods that require repair and maintenance throughout the products’ lifespan. In particular, the Commission highlights the growing environmental impact of electronic waste, the international trend towards recognising more robust consumer repair rights, and concerns that product design choices, software updates and aftermarket practices may reduce incentives for consumers to repair, rather than replace their devices. Why do the Guidelines matter?The Guidelines have been prepared in terms of the Competition Act 89 of 1998 (“Act”), and set out the Commission's general approach to assessing whether practices and conduct in the repair, service and maintenance markets (“Aftermarket”) contravene the Act. Put simply, if an individual's phone screen cracks, fridge stops working, or medical device needs servicing, and the warranty period has expired, the Guidelines propose measures to customers, intermediaries and suppliers to help ensure fair access to affordable repair options. The Guidelines also consider the practical implications for various role-players in Aftermarkets, including original equipment manufacturers (“OEMs”) and Independent Service Providers (“ISPs”). The Commission observed that all sectors with a significant repair and maintenance component have potential competition concerns. Industry stakeholders have reported that restrictions on access to spare parts, repair information, diagnostic tools, software and technical support are widespread and drive up costs, limit consumer choice, and shut out ISPs, many of whom are small and medium enterprises (“SMMEs”) and historically disadvantaged persons (“HDPs”). All sectors that deal with Aftermarket services in South Africa will be affected, but the Guidelines will also indirectly influence primary markets and OEMs. Given the challenges facing South African consumers – including inflation, increased fuel and electricity costs, rising e-waste, and general cost pressures on households – the Guidelines are primarily focused on electronics, energy equipment, high-demand consumer goods, medical devices and other durable goods, but are not limited to these sectors. At this stage, the objectives of the Commission are to:
The Guidelines will have a significant impact on purchasers, suppliers and intermediaries alike in the maintenance and repair markets of South Africa. The Guidelines were made open for public comment and suggested changes, which closed on 21 September 2026. We are closely following the progress of the Guidelines, and will publish an updated note with our analysis once they are finalised. To view the Guidelines and the Background, please refer to: Guidelines on repair, service, and maintenance aftermarkets – The Competition Commission. Latest Insights
Latest News
Latest Events
client news September 21, 2026 All change: Eversheds Sutherland advises DfT on Chiltern Railways transitio... firm news August 26, 2026 Eversheds Sutherland strengthens top-ranked pensions practice with appointm... client news August 13, 2026 Eversheds Sutherland advises H.I.G. Capital on investment in Phoenix ME client news August 13, 2026 Eversheds Sutherland reappointed to the UK's Government Commercial Agency l... in-person 2026 BDC Roundtable September 23, 2026 Washington DC, United States virtual Employment law in the Kingdom of Saudi Arabia September 29, 2026 9.30am - 12.30pm (BST) Virtual in-person Labor relations conference - turning legal change into workplace reality October 08, 2026 10.00am - 4.00pm (BST) London, United Kingdom virtual Energy Transition Series: Energy Transition and Pricing Volatility October 08, 2026 10:00 ET | 15:00 BST | 16:00 CET |