Competition Act, 1998 (Act No. 89 of 1998)Competition Commission RulesPart 4 - Complaint Procedures17. Submissions by persons other than Commissioner |
| 1) | A person other than the Commissioner, by filing a completed Form CC 1, may submit a matter to the Commission, if |
| a) | the matter concerns a practice that meets both of the tests set out in Rule 16(a) and (b); |
| b) | the submission is not frivolous; and |
| c) | the Commissioner has not initiated or accepted a complaint in respect of that practice. |
| 2) | Upon receiving a submission in terms of sub-rule (1), the Commission must either— |
| a) | accept the submission as a complaint in terms of section 44; or |
| b) | notify the person who made the submission that the Commission has rejected the submission as a complaint, and provide a brief written explanation for that decision. |
| 3) | If the Commission has rejected a submission in terms of sub-rule (1)(a), (b) or (c), the person who made that submission may request, within 10 days after receiving a notice from the Commission in terms of sub-rule (2)(b), a review of the Commission's decision by the Competition Tribunal, subject to its Rules. |
| 4) | If, following a review in terms of sub-rule (3), the Tribunal determines that any submission satisfies sub-rule (1), the Commission must accept it as a complaint in terms of section 44. |
| 5) | A person whose submission in terms of sub-rule (1) has been accepted as a complaint may withdraw that complaint at any time before the Commission has referred the matter to the Tribunal, but— |
| a) | in respect of that matter, that person may not subsequently assert any right of a complainant in terms of section 53; and |
| b) | the Commission may continue to investigate that matter as if the Commissioner had initiated the complaint as of the date that the complaint was originally accepted. |