Competition Act, 1998 (Act No. 89 of 1998)Competition Tribunal RulesPart 4 - Tribunal ProceduresDivision E - Other Appeals, Reviews, Variations, or Enforcement Proceedings44. Hearings |
| 1) | Subject to subsection (2), evidence in an application in terms of this Division must be by affidavit. |
| 2) | At the hearing of an application in terms of this Division, the presiding member of the Tribunal may allow— |
| a) | oral evidence in relation to an issue raised; or |
| b) | questioning of a deponent to an affidavit. |
| 3) | At the hearing of an Application in terms of this Division, the Tribunal— |
| a) | must accept oral submissions from the applicant and each respondent; |
| b) | must consider— |
| i) | the Commission's decision(s) and written reasons, if applicable; or |
| ii) | its own prior decision and reasons, if the application seeks variation or recision of a prior decision; |
| c) | must assess the matter in terms the relevant section; and |
| d) | must— |
| i) | in the case of a decision by the Commissioner, either uphold the Commissioner's decision, or substitute its own decision for it; or |
| ii) | otherwise, either grant or refuse the relief sought. |
| 4) | Sections 52(2) - (5), 54(d), 55, 56 and 57 each read with the changes required by context, apply to proceedings in terms of this Rule. |