| (1) | The Minister, or any person referred to in section 43G(1) who is materially and adversely affected by the determination of the Competition Commission in terms of section 43D, may, within the prescribed period, appeal against that determination to the Competition Tribunal in accordance with the Rules of the Competition Tribunal. |
| (2) | In determining an appeal in terms of subsection (1), the Competition Tribunal may— |
| (a) | confirm the determination of the Competition Commission; |
| (b) | amend or set aside the determination, in whole or in part; or |
| (c) | make any determination or order that is appropriate in the circumstances. |
| (3) | If the Competition Tribunal sets aside the decision of the Competition Commission, in whole or in part, it may remit the matter, or part of the matter, to the Competition Commission for further inquiry in terms of this Chapter. |
| (4) | Any remittal to the Competition Commission in terms of subsection (3) must be completed within six months from the date of the order of the Competition Tribunal. |
| (5) | The Competition Tribunal may, on good cause shown, extend the period referred to in subsection (4) for one further period of six months. |
| (6) | Any person referred to in subsection (1) who is aggrieved by a determination or order of the Competition Tribunal in terms of subsection (2) may appeal against that determination or order to the Competition Appeal Court. |
[Section 43F inserted by section 26 of Notice 175, GG 42231, dated 14 February 2019]
