Competition Act, 1998 (Act No. 89 of 1998)Competition Tribunal RulesPart 4 - Tribunal ProceduresDivision A - Complaint Procedures16. Declaration of material interest |
| 1) | At any time after a complaint has been referred, and until the Tribunal has concluded a hearing in the matter— |
| a) | a person may file a Declaration of Material Interest in Form CC 2 in respect of that complaint if— |
| i) | the relevant practice has affected or is affecting a material interest of that person; and |
| ii) | the declaration is not frivolous. |
| 2) | Upon receiving a Declaration in terms of sub-rule (1), the registrar must refer it to either— |
| a) | A panel, if the matter is in a pre-hearing stage; or |
| b) | If the Tribunal has begun its hearing in that matter, to the presiding member of the panel conducting the hearing. |
| 3) | Upon receiving a Declaration referred in terms of sub-rule (2), the Tribunal must either— |
| a) | accept the Declaration; or |
| b) | notify the person who made the Declaration that the Tribunal has rejected it, and provide a brief written explanation for that decision. |
| 4) | If the Tribunal has rejected a Declaration, the person who made it may request, within 10 business days after receiving a notice from the Tribunal in terms of sub-rule (3)(b), a review of the Tribunal's decision by the Court, subject to its Rules. |
| 5) | If, following a review in terms of sub-rule (4), the Court accepts the Declaration, the Tribunal must accept it. |
| 6) | In respect of a particular complaint, a person who has filed a Declaration of Material Interest that has been accepted in terms of this Rule or in terms of the Competition Commission Rules, |
| a) | is a complainant in that matter for the purposes of section 63; and |
| b) | is a claimant in that matter for the purposes of any further proceedings in terms of Rules 24(3), 26, 27 or 28. |