Competition Act, 1998 (Act No. 89 of 1998)Competition Tribunal RulesPart 4 - Tribunal ProceduresDivision A - Complaint Procedures27. Consent hearings |
| 1) | Upon receiving— |
| a) | a Complaint Referral in terms of Rule 26(1), the registrar must convene a hearing of the Tribunal at the earliest possible date; or |
| b) | a Notice of Motion in terms of Rule 26(2), the registrar must— |
| i) | convene a hearing of the Tribunal at the earliest possible date; and |
| ii) | serve a notice of that hearing, with a copy of the referral and draft order, on each claimant at least 10 business days before the date set for the hearing, inviting that claimant to inform the Tribunal in writing within 5 business days after receiving that notice— |
| aa) | whether that claimant is prepared to accept damages under such an order; and |
| bb) | if so, the amount of damages claimed; and |
| iii) | Attach to the Notice of Motion a Form CT 3 completed by each claimant who indicates, in terms of sub-paragraph (ii)(aa), that they are prepared to accept damages under the order. |
| 2) | After hearing the parties, the Tribunal must either— |
| a) | make the order as agreed and proposed by the parties; |
| b) | indicate any changes that must be made in the draft order before the Tribunal will make the order; or |
| c) | refuse to make the order. |
| 3) | If the Tribunal refuses to make a consent order as requested, or requires any changes that a party is unwilling to accept— |
| a) | The Commission or other complainant, as the case may be, may, as of right, amend the Referral and statement of particulars; |
| b) | The registrar must serve each party, and claimant, if applicable, with— |
| i) | a notice that the motion for a consent order has been denied; and |
| ii) | a copy of the Complaint Referral and statement of particulars, in their original or amended form, as applicable; |
| c) | the Tribunal must proceed to consider the complaint in accordance with these Rules as they apply to contested complaints generally, after— |
| i) | the time for an appeal from the decision of the Tribunal in terms of sub-rule (2) has expired; or |
| ii) | if an appeal has been noted from that decision, after the Court has decided that appeal; and |
| d) | none of the members of the Tribunal who considered the motion for the consent order may participate in any further proceedings relating to that complaint. |