Competition Act, 1998 (Act No. 89 of 1998)

Rules for the Conduct of Proceedings

Competition Appeal Court Rules

Regulating the Functions of the Competition Appeal Court

Part 6 : Procedure on Review

23. Application to review

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(1)An application to review a decision of the Tribunal must be brought within the time period set out in subrule (2), by Notice of Motion, which must satisfy the requirements of subrules (4) and (5).

 

(2)An application in terms of subrule (1) must be brought—
(a)within the time, if any, prescribed by the Act or the Competition Tribunal Rules; or
(b)if no time is prescribed by the Act or the Competition Tribunal Rules, within 15 business days after the date of the decision or order that is the subject of the review.

 

(3)A copy of the Notice of Motion must be served on any person who was a party to the matter before the Tribunal.

 

(4)An application must contain the following information:
(a)The title of the matter.
(b)The case number assigned by the registrar of the Court to the matter.
(c)The relief sought.
(d)A notice requiring the Tribunal to provide a written record of the proceedings, and the reasons for the decision, within fifteen business days of delivery of the application.
(e)An address of the party delivering the document at which that party will accept notices and service of all documents in the proceedings.
(f)A notice advising the other party that—
(i)if it intends opposing the matter, that party must deliver an answering affidavit within fifteen business days after the application has been served, and

[Subrule (4)(f)(i) substituted by General Notice 1255 dated 18 November 2005]

(ii)that if the party fails to do so, the matter may be heard in the party’s absence and an order of costs may be made.
(g)A schedule listing the documents that are material and relevant to the application.

 

(5)An application must be supported by affidavit, which must clearly and concisely set out—
(a)the names, description and addresses of the parties;
(b)a statement in chronological order of the material facts on which the application is based, with sufficient detail to enable a person opposing the application to reply to the document; and
(c)a statement of the legal issues that arise from the material facts, with sufficient detail to enable a party to reply to the document.

 

(6)Within ten business days after the Tribunal has made the record available, the applicant may amend, add to or vary the terms of the application, or supplement the supporting affidavit.

 

(7)Rule 17, read with the changes required by the context, applies to an application.

 

(8)Rule 20, read with the changes required by the context, applies to the record.