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

Chapter 5 : Investigation and Adjudication Procedures

Purchase

(1)	The right to an appeal in terms of section 62(4)—

(a)	is subject to any law that—

(i)	specifically limits the right of appeal set out in that section; or

(ii)	specifically grants, limits or excludes any right of appeal;

(b)	is not limited by monetary value of the matter in dispute; and

(c)	exists even if the matter in dispute is incapable of being valued in money.

(2)	Subject to the Constitution and despite any other law, an appeal in terms of section 62(4) may be brought to the Constitutional Court with the leave of the Constitutional Court.

[Section 63(2) substituted by section 36(a) of Notice 175, GG 42231, dated 14 February 2019]

(3)	A court granting leave to appeal in terms of this section may attach any appropriate conditions, including a condition that the applicant provide security for the costs of the appeal.

(4)	If the Competition Appeal Court, when refusing leave to appeal, made an order of costs against the applicant, the Constitutional Court may vary that order on granting leave to appeal.

[Section 63(4) substituted by section 36(b) of Notice 175, GG 42231, dated 14 February 2019]

(5)	An application to the Competition Appeal Court for leave to appeal must be made in the manner and form required by the Competition Appeal Court Rules.

(6)	An application to the Constitutional Court for leave to appeal must be made in the manner and form required by its Rules.

(7)	[Section 63(7) deleted by section 36(c) of Notice 175, GG 42231, dated 14 February 2019].

(8)	[Section 63(8) deleted by section 36(c) of Notice 175, GG 42231, dated 14 February 2019]

[Section 63 substituted by section 15 of Notice No. 1354, GG 21880, dated 13 December 2000]