In December 2021, the existing exemption that excludes medical devices and in-vitro diagnostics from the application of sections 18A and 18B of the Medicines and Related Substances Act was extended. This extension means that suppliers of medical devices and in-vitro diagnostics are permitted to supply their products according to bonus, rebate and incentive systems for another three years.

To manage the risk of losing their human capital to competitors, certain employers have implemented no-poach agreements or clauses. Such agreements have triggered concern from competition authorities, including those in the US, and could be on the radar of South African competition authorities aiming to facilitate a fair labor market in South Africa post COVID-19. Lerisha Naidu, Partner, and Thato Mkhize, Candidate Attorney in Competition and Antitrust Practice Group in Johannesburg explain.