Competition Act, 1998 (Act No. 89 of 1998)Competition Tribunal RulesPart 4 - Tribunal ProceduresDivision D - Exemption Appeal Proceedings38. Initiating exemption appeals |
| 1) | Section 10(8), read with the changes required by context, and this division, applies with respect to an exemption decision in terms of Schedule 1. |
| 2) | A person referred to in section 10(8) may initiate an exemption appeal proceeding in terms of that section by filing a Notice of Appeal in Form CT 7 within 30 days after notice of the relevant decision is published in the Gazette. |
| 3) | Upon the filing of a Notice of Appeal in terms of this Part, and pending a final decision in the matter— |
| a) | an exemption that has been granted remains in effect; |
| b) | an exemption or letter of advice that has been revoked remains in effect; and |
| c) | a refusal to grant an exemption remains in effect, but the provisions of Rule 21(5)(c) of the Competition Commission Rules, read with the changes required by context, applies. |
| 4) | A Notice of Appeal in terms of this Rule must— |
| a) | name as a respondent |
| i) | the Commission; |
| ii) | the person who applied for the exemption, if that person is not the appellant; and |
| iii) | if the appeal is in respect of an exemption decision in terms of Schedule 1, the Minister or member of the Executive Council who was consulted in terms of that Schedule, if they are not the appellant. |
| b) | set out the grounds on which the appeal is based; and |
| c) | indicate the order sought. |
| 5) | A Notice of Appeal may set out alternative grounds of appeal based on the same facts. |
| 6) | The appellant must serve a copy of the Notice of Appeal on each respondent, within 3 days after filing it. |
| 7) | The registrar must publish a notice of each appeal in terms of this Division in the Gazette. |