By Olivia Höll
The South African Competition Commission (“the Commission”) has published its final Guidelines on Repair, Service and Maintenance Aftermarkets (“the Guidelines”) under section 79 of the Competition Act 89 of 1998 (“the Act”). The Guidelines mark a significant expansion of the Commission’s right to repair programme beyond the automotive sector into consumer electronics, appliances, medical devices, and backup power systems.
The Commission’s core concern is that original equipment manufacturers are using control over spare parts, technical information, diagnostic software, and product design to exclude Independent Service Providers from repair markets after warranties expire.
Background
The Guidelines build on the Commission’s experience in the automotive aftermarket, where similar guidelines were introduced in 2021 and amended in 2024. The Commission observed that the same structural problems affecting vehicle repair were emerging across electronics and appliances.
Industry stakeholders reported that restrictions on access to parts, tools, and information were driving up repair costs, limiting consumer choice, and shutting out small and medium enterprises. The Commission conducted focus groups with independent repairers across multiple markets before publishing draft guidelines in August 2026 for public comment.
What products are covered
The Guidelines apply to repair and maintenance aftermarkets for mobile phones, tablets, gaming consoles, audiovisual equipment, televisions, white goods such as washing machines and tumble dryers, medical equipment, and backup water and electricity systems such as inverters.
Motor vehicles are excluded because they remain governed by the separate automotive aftermarket guidelines.
The Guidelines apply to repairs outside the scope of warranty protections, whether because the warranty period has expired or because the specific damage is not covered. However, the Commission has clarified that a product remaining within its warranty period does not automatically place all repair activities outside the Guidelines’ scope.
Conduct targeted by the Commission
Spare parts restrictions
The Commission will closely scrutinise exclusive supply arrangements, refusals to supply, discriminatory supply terms, and indirect restrictions that limit the practical usability of spare parts. Excessive pricing of spare parts by dominant manufacturers will also be assessed.
Software locks and parts pairing
Software mechanisms that tie replacement components to a specific device and prevent them from functioning without manufacturer activation will be treated as indirect restrictions on access to spare parts. Warning messages displayed after independent repairs and restrictions on firmware required to complete repairs also fall within this category.
Diagnostic tools and technical information
Requiring proprietary diagnostic tools where commonly available alternatives could perform the same function, or restricting software access unless approved hardware is used, may constitute indirect restrictions.
Warranty terms and consumer incentives
Discounts, rebates, or loyalty incentives conditional on consumers using manufacturer repair services may be investigated. Raising switching costs by restricting access to repair records or creating contractual barriers will also attract scrutiny.
Accreditation requirements
Accreditation and certification requirements imposed on independent repairers will be assessed for whether they are transparent, proportionate, and applied consistently.
Legal framework
The Commission will assess conduct under three provisions of the Act. Section 5 prohibits restrictive vertical practices that substantially prevent or lessen competition. Section 8 prohibits dominant firms from engaging in exclusionary conduct such as tying, refusal to supply scarce goods, and margin squeeze. Section 9 prohibits price discrimination that impedes small and medium businesses or firms owned by historically disadvantaged persons from participating effectively.
Justifications and defences
The Guidelines acknowledge that restrictions may be justified in certain circumstances. Protection of intellectual property, regulatory compliance, consumer safety and security, and technological efficiency gains are recognised as potential defences. However, where conduct is of a type likely to substantially prevent or lessen competition, the Commission will apply a higher evidentiary standard to claimed justifications.
Implications
Manufacturers should review their repair and service practices against the conduct identified in the Guidelines. Key risk areas include spare parts distribution policies, diagnostic tool requirements, software activation systems, warranty terms, and accreditation criteria.
Independent Service Providers now have a clearer framework for assessing whether manufacturer conduct may contravene the Act and for reporting instances where they are frustrated in providing services.
Consumers may benefit from more competitive repair markets, leading to lower repair costs, greater choice of service providers, and extended product lifespans.
Conclusion
The Guidelines represent a significant step in South Africa’s evolving approach to competition in aftermarkets. By extending principles developed in the automotive sector to electronics and appliances, the Commission has signalled that it will scrutinise manufacturer practices that restrict access to spare parts, technical information, and diagnostic tools.
The Guidelines are not binding and do not create new legal obligations. However, they provide a clear statement of the Commission’s enforcement priorities and analytical framework. Whether they achieve their objective of promoting greater consumer choice and access to affordable repair services will depend on the Commission’s willingness to pursue enforcement action.
