Competition Act, 1998 (Act No. 89 of 1998)Competition Tribunal RulesPart 4 - Tribunal ProceduresDivision A - Complaint Procedures24. Other powers of member at pre-hearing conference |
| a) | establish procedures for protecting confidential information, including the terms under which participants may have access to that information; |
| b) | direct the Commission to investigate specific issues or obtain certain evidence; |
| c) | give directions in respect of— |
| i) | technical or formal amendments to correct errors in any documents filed in the matter; |
| ii) | any pending Notices of Motion; |
| iii) | clarifying and simplifying the issues; |
| iv) | obtaining admissions of particular facts or documents; |
| v) | the production and discovery of documents whether formal or informal; |
| vi) | witnesses to be called by the Tribunal at the hearing, the questioning of witnesses and the language in which each witness will testify; |
| vii) | a timetable for— |
| aa) | the exchange of summaries of expert opinions or other evidence that will be presented at the hearing; and |
| bb) | any other pre-hearing obligations of the parties; |
| viii) | determine the procedure to be followed at the hearing, and its expected duration; |
| ix) | a date, time and schedule for the hearing; or |
| x) | any other matters that may aid in resolving the complaint. |
| 2) | At any time during a pre-hearing conference, the assigned member of the Tribunal may require each participant to submit at a date to be determined, but prior to the hearing, a written statement summarising its argument, if any, with respect to the complaint, and identifying what it believes are the major issues not yet resolved. |
| 3) | Before concluding a pre-hearing conference, the assigned member of the Tribunal— |
| a) | must convene or make arrangements to convene, a special session of the conference at which claimants may attend; and |
| b) | may make an appropriate order governing the manner in which those claimants, or classes of claimants, may exercise their rights in terms of section 53(d). |
| 4) | After concluding a pre-hearing conference, the assigned member of the Tribunal must issue an order recording any agreements or rulings arising from matters considered at the pre-hearing conference. |
| 5) | The previously assigned member of the Tribunal may schedule a further pre-hearing conference on its own motion, and the provisions of this rule apply to such a conference. |