Competition Act, 1998 (Act No. 89 of 1998)Competition Commission RulesPart 4 - Complaint Procedures20. Consent orders |
| 1) | If, at any time before issuing a Notice of Non-referral in Form CC 8, or referring a complaint to the Tribunal in Form CT 1(1), it appears to the Commission that the respondent may be prepared to agree terms of a proposed order, the Commission— |
| a) | must notify each claimant recognised at the time, in writing, that a consent order may be recommended to the Tribunal; and |
| b) | invite each claimant to inform the Commission in writing within 7 days after receiving that notice— |
| i) | whether that claimant is prepared to accept damages under such an order; and |
| ii) | if so, the amount of damages claimed. |
| 2) | If the Commission and the respondent agree the terms of an appropriate order, the Commission must— |
| a) | refer the complaint to the Tribunal in Form CT 1(1) to be proceeded with in terms of section 63; |
| b) | attach to the referral— |
| i) | a draft order in the terms agreed between the Commission and the respondent, including, if applicable, the amount of damages agreed between the respondent and any claimant who has— |
| aa) | agreed the amount of their damages with the respondent; and |
| bb) | agreed to have an award for their damages included in the order; and |
| ii) | Form CT 3 completed by each claimant referred to in sub-paragraph (i), as applicable; and |
| c) | deliver a copy of the referral and draft order to the respondent and each claimant recognised at the time. |