The Competition Commission said concerns relating to the repair of electronics, appliances, and backup power systems have emerged in South Africa.
The Competition Commission has published draft guidelines for the repair, service, and maintenance aftermarkets, including repairs to smartphones, gaming consoles, and backup electricity systems.
The guidelines will apply specifically to repair and maintenance services that fall outside of statutory, implied, or express manufacturer warranty protections.
This includes scenarios where a warranty has expired or doesn’t cover specific damage. The rules target high-cost durable goods and apply specifically to original equipment manufacturers (OEMs) for:
“The purpose of these guidelines is to outline practices and conduct that the Commission is likely to consider concerning repair and maintenance markets,” the Competition Commission said.
“Market participants are encouraged to engage with the Commission on measures that can contribute to increasing competition in repair markets and the inclusion of SMMEs.”
The proposed rules stipulate that independent service providers must have access to parts and diagnostic data to perform repairs on devices such as smartphones and backup systems.
They also propose mechanisms to prevent OEMs from locking independent repairers out of performing repairs by mandating exclusive tools.
“Requirements for the use of proprietary tools may restrict an independent service provider’s ability to provide repair services even where spare parts are available,” the Competition Commission said.
The draft guidelines also propose mechanisms to restrict software locks and warning messages that appear when a non-OEM repairer installs a part.
“Restrictions on software, firmware, or other technological protection measures will be considered as indirect restrictions on spare parts,” the Competition Commission said.
However, they also include exceptions that are relevant to backup power systems. Backup power and water systems often contain parts that are critical to safety.
“The Commission recognises that certain components, software, and activation systems are integral to the security of a product or the safety of its users,” the Competition Commission said.
It added that these include anti-theft and immobilisation systems, authentication and encryption systems, and components, the failure of which may endanger life or limb.
The Competition Commission’s proposed guidelines include rules on warranty voiding. OEMs cannot void a consumer’s warranty simply because they had a device repaired independently.
“The Commission distinguishes between repairs or maintenance undertaken pursuant to a valid warranty and repairs or maintenance undertaken outside the scope of a warranty,” it said.
“The Commission further recognises that OEMs are legally compelled to offer implicit warranties and may also offer explicit warranties that extend beyond the scope of an implicit warranty.”
The Competition Commission said the new draft guidelines stem from its Guidelines for Competition in South African Automotive Aftermarkets, published in 2021 and amended in 2024.
“The Commission subsequently observed that many of the issues identified in automotive aftermarkets are not unique to that sector,” it said.
“Similar concerns have emerged in relation to electronic devices, appliances, equipment, and other durable goods that require repair and maintenance throughout their useful lives.”
The Competition Commission said it saw the need for guiding principles to support the pro-competitive development of these markets.
“Participants highlighted concerns regarding access to spare parts, repair information, diagnostic tools, software, and technical support required to undertake repairs on appliances and electronics,” it said.
“Similar concerns emerged during a focus group discussion commissioned by the Commission with independent service providers operating in several repair markets.”
