Competition Act, 1998 (Act No. 89 of 1998)Competition Tribunal RulesPart 4 - Tribunal ProceduresDivision A - Complaint Procedures18. Answer |
| 1) | A respondent who wishes to oppose a Complaint Referral filed by the Commission must— |
| b) | file the Answer with proof of service within 20 business days after being served with a Complaint Referral. |
| 2) | A respondent who wishes to oppose a Complaint Referral filed by any other person must— |
| a) | serve a copy of their Answer on the Commission, on the person who filed the Referral, and on any other person who has previously filed a Complaint Referral in that matter; and |
| b) | subject to sub-rule (4), file the Answer with proof of service within 20 business days after being served with a Complaint Referral. |
| 3) | If more than one claimant has filed a Complaint Referral, the respondent, by Notice of Motion filed within the time referred to in sub-rule (2)(b), may request that the Tribunal order consolidation of the allegations, statements of issues and particulars that are to be answered. |
| 4) | If the Tribunal grants an order in terms of sub-rule (3), the respondent may file an Answer at any time within 20 business days after the date on which the respondent is served with a consolidation of the allegations, statements of issues and particulars that are to be answered. |
| 5) | An Answer that raises only a point of law must set out the question of law to be resolved. |
| 6) | Any other Answer must be in affidavit form, setting out in numbered paragraphs— |
| a) | a concise statement of the grounds on which the Complaint is opposed; |
| b) | the material facts or points of law on which the respondent relies; and |
| c) | an admission or denial of each ground and of each material fact relevant to each ground set out in the Complaint Referral. |
| 7) | An allegation of fact set out in the Complaint Referral that is not specifically denied or admitted in an Answer will be deemed to have been admitted. |
| 8) | In an answer, the respondent must qualify or explain a denial of an allegation, if necessary in the circumstances. |