Intellectual Property Rights from Publicly Financed Research and
R 385
Competition Act, 1998 (Act No. 89 of 1998)Chapter 5 : Investigation and Adjudication ProceduresPart C : Complaint procedures49D. Consent orders |
| (1) | If, during, on or after the completion of the investigation of a complaint or a market inquiry, the Competition Commission and the respondent,or any person that is the subject of action by the Competition Commission in terms of section 43E, agree on the terms of an appropriate order, the Competition Tribunal, without hearing any evidence, may confirm that agreement as a consent order in terms of section 58(1)(b). |
[Section 49D(1) substituted by section 29 of Notice 175, GG 42231, dated 14 February 2019]
| (2) | After hearing a motion for a consent order, the Competition Tribunal must— |
| (a) | make the order as agreed to and proposed by the Competition Commission and the respondent: |
| (b) | indicate any changes that must be made in the draft order before it will make the order; or |
| (c) | refuse to make the order. |
| (3) | With the consent of a complainant, a consent order may include an award of damages to the complainant. |
| (4) | A consent order does not preclude a complainant from applying for— |
| (a) | a declaration in terms of section 58(1)(a)(v) or (vi); or |
| (b) | award of civil damages in terms of section 65, unless the consent order includes an award of damages to the complainant. |
[Section 49D substituted by section 15 of Notice No. 1354, GG 21880, dated 13 December 2000]
