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

Competition Tribunal Rules

Part 1 - General Provisions

Division A - Interpretation

2. Interpretation

Purchase

1)	A word or expression that is defined in the Act, or in a chapter of the Act, bears the same meaning in these Rules as in the Act unless further defined in these Rules.

2)	In these Rules,

a)	a reference to a section by number refers to the corresponding section of the Act;

b)	a reference to a Rule by number refers to the corresponding item of these Rules; and

c)	a reference to a sub-rule or paragraph by number refers to the corresponding item of the Rule in which the reference appears.

3)	In these Rules unless the context indicates otherwise,

"Act"

means the Competition Act, 1998 (Act No.89 of 1998);

"Answer"

means a document as described in Rule 18 and filed by a respondent;

"appellant"

means a party who initiates an appeal from an Exemption decision of the Commission;

"applicant"

means a person who files an application in terms of Part 4 - Division B or E of these Rules;

"Application"

means a request submitted in terms of Part 4 - Division B or E of these Rules;

"certified copy"

of a document means a copy of the document certified by a Commissioner of Oaths;

"chairperson"

means the officer of the Tribunal appointed in terms of section 26;

"Commission"

means the body established by section 19;

"Commissioner"

means the office holder appointed in terms of section 22;

"Competition Commission Rules"

means the rules promulgated in terms of the Act for the regulation of procedures of the Commission;

"complaint"

means a matter initiated in terms of section 44;

"Complaint Referral"

means an initiating document as described in Rule 17;

"complainant"

in respect of a complaint referred to the Tribunal, means a person recognized as the complainant in terms of Rule 15(2);

"Court"

means the Competition Appeal Court established by section 36;

"deliver"

means to serve and file;

"Deputy Chairperson"

means the officer appointed in terms of section 30;

"file"

when used as a verb, means to deposit with the registrar;

"High Court Rules"

means the Rules Regulating the Conduct of the Several Provincial and Local Divisions of the High Court of South Africa, published by Government Notice R48 in Government Gazette 999 of 12 January, 1965, as amended;

"initiating document"

depending on the context, means either an Application, Complaint Referral, Notice of Appeal, Notice of Motion unless used to bring an interlocutory application in a matter before the Tribunal, or a Merger Referral;

"initiating party"

depending on the context means either—

i)	in the case of a Complaint Referral, the Commissioner, or other person referred to in Rule 15(1)(b);

ii)	in the case of a Merger Referral, the Commission;

iii)	in the case of consideration of an intermediate merger, the party who files the Request for Consideration; or

iv)	in any other proceedings, the Applicant or the Appellant, as the case may be;

"intervenor"

means any person who, in terms of the Act or Rule 47, has been granted standing to participate in particular proceedings before the Tribunal;

"Judge President"

means the Judge President of the Court;

"member"

means a person appointed to the Tribunal in terms of section 26;

"Merger Notice"

means a notification required in terms of section 13;

"Merger Referral"

means an initiating document as described in Rule 36;

"Notice of Appeal"

means an initiating document as described in Rule 38;

"Notice of Motion"

depending on the context, means either—

i)	an initiating document described in Part 4 - Division B or E; or

ii)	a document used to bring an interlocutory application in a matter before the Tribunal;

"panel"

means the group of members assigned by the chairperson in terms of section 31(1) to hear any particular matter before the Tribunal;

"party"

when used in respect of particular proceedings before the Tribunal, means—

i)	the initiating party, the respondent, a complainant, or an Intervenor; or

ii)	a person representing a person referred to in sub-paragraph (i);

"presiding member"

means the member designated by the chair to preside over particular proceedings of the Tribunal;

"public holiday"

means a public holiday referred to in section 1 of the Public Holidays Act, 1994 (Act 36 of 1994);

"registrar"

means the officer of the Tribunal appointed in terms of Rule 5 and includes any acting or assistant registrar;

"Reply"

means a document as described in Rule 19 and filed by a respondent;

"respondent"

means—

i)	in respect of an application, the firm against whom the relief is sought;

ii)	in respect of a Complaint Referral, the firm against whom that complaint has been initiated;

iii)	in respect of an appeal—

aa)	the Commission, and

bb)	the firm concerned, if that firm is not the appellant, or applicant, as the case may be;

"Rule"

includes any Table attached as an annexure, and referred to in a rule;

"Serve"

means to serve in accordance with section 76 or rule 6(1), and "service" has a corresponding meaning;

"sheriff"

means a person appointed in terms of section 2 of the Sheriffs Act, 1986 (Act 90 of 1986), and includes a person appointed in terms of section 5 and section 6 of that Act as an acting sheriff and a deputy sheriff, respectively; and

"Tribunal"