Competition Act, 1998 (Act No. 89 of 1998)

Chapter 5 : Investigation and Adjudication Procedures

Part D : Tribunal hearings and orders

58. Orders of Competition Tribunal
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(1)In addition to its other powers in terms of this Act, the Competition Tribunal may—
(a)make an appropriate order in relation to a prohibited practice or an appeal referred to in section 43F, including—

[Words preceding section 58(1)(a)(i) substituted by section 32(a) of Notice 175, GG 42231, dated 14 February 2019]

(i)interdicting any prohibited practice;
(ii)ordering a party to supply or distribute goods or services to another party on terms reasonably required to end a prohibited practice;
(iii)imposing an administrative penalty, in terms of section 59, with or without the addition of any other order in terms of this section:
(iv)ordering divestiture, subject to section 60;
(v)declaring conduct of a firm to be a prohibited practice in terms of this Act, for purposes of section 65;
(vi)declaring the whole or any part of an agreement to be void;
(vii)ordering access to an essential facility on terms reasonably required;
(viii)imposing appropriate conditions.

[Section 58(1)(a)(viii) inserted by section 9 of Notice No. 875, GG 32533, dated 28 August 2009]

(b)confirm a consent agreement in terms of section 49D as an order of the Tribunal; or
(c)subject to sections 13(6), 14(2) and 43B(4)(b), condone, on good cause shown, any non-compliance of—

[Words preceding section 58(1)(c)(i) substituted by section 32(b) of Notice 175, GG 42231, dated 14 February 2019]

(i)the Competition Commission or Competition Tribunal rules; or
(ii)a time limit set out in this Act.

 

(2)At any time, the Competition Tribunal may adjourn a hearing for a reasonable period of time, if there is reason to believe that the hearing relates to a prohibited practice that might qualify for exemption in terms of section 10.

 

(3)Despite any other provision of this Act, if the Competition Tribunal adjourns a hearing in terms of subsection (2), the respondent may apply for an exemption during that adjournment.

 

[Section 58 substituted by section 15 of Notice No. 1354, GG 21880, dated 13 December 2000]