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The law firm Webber Wentzel, acting on behalf of MasterCard, had protested to parliament's trade and industry committee that the way the law is written would bring the card system into the definition of a complex monopoly, and in effect force them out of business.
A number of other presenters at the hearings on the amendment bill also called for the clause (10A) of the bill either to be dropped or substantially rewritten.
On Tuesday, the department of trade and industry (DTI) said they would not drop the clause, but they would rewrite it.
The DTI team, led by deputy director general Zodwa Ntuli, said: "The text will be revised to deal with coordinated conduct by firms as opposed to the structure (of the market)."
Replying to the specific complaint by Webber-Wentzel, a department statement said that the provision would not outlaw the scheme that MasterCard belongs to. "It would only deal with the uncompetitive outcome/behaviour, if any," the statement said.
Business Unity of SA complained that the section is impermissibly vague, and unconstitutional. They were assured by the department that the no-fault section would be eliminated altogether.
- I-Net Bridge,
