152  No. 50741 GOVERNMENT GAZETTE, 31 May 2024 competition concerns can occur when there is deliberate collusion to exclude other competitors and new entrants. Competition issues in the digital environment are particularly complex because companies can have a footprint in multiple jurisdictions without a physical presence. Therefore, further research is necessary to understand potential anti-competitive practices in the data and cloud market. Adequate capacity must be created to investigate these practices and implement appropriate measures to combat anti-competitive behaviour. South Africa has a competition regulator, the Competition Commission, which has the capacity and competence to regulate competition issues in every sector. The Competition Commission has already undertaken merger and acquisition activity in the data centre market and initiated market inquiries to examine competition issues in digital markets. They have also implemented censures where anti-competitive behaviour by e-commerce and digital platforms was found to transgress competition rules. Thus, there is no empirical evidence necessitating a digital regulator focused solely on competition issues in the digital space. Policy Interventions 15.6.1. The Competition Commission shall consider reviewing and potentially augmenting the Competition Act in relation to the data and cloud market, where empirical evidence indicates that the current law is inadequate to address competition issues in these markets. 15.6.2. The Competition Commission shall conduct studies in the data centre and cloud services markets to identify potential anti-competitive trends and behaviour, and where applicable, identify proactive preventative measures to ensure a fair and competitive market. 15.6.3. Cloud service providers shall ensure transparency regarding data portability and interoperability costs and technical implications at the point of contracting, to help customers to make informed decisions and promote fair competition. 15.6.4. Competition among data and cloud service providers shall be encouraged to foster competitive and innovative offerings, as well as to potentially reduce costs for consumers. 15.6.5. Different architectures and operating systems shall be supported to provide a variety of options for the public, ensuring that consumers have access to diverse and suitable technological solutions. 30 This gazette is also available free online at www.gpwonline.co.za