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

Competition Tribunal Rules

Part 4 - Tribunal Procedures

Division D - Exemption Appeal Proceedings

41. Appeal hearing

 

1) Upon receiving a Notice of Appeal filed in terms of this Division, the registrar must—
a) schedule a date and time for the hearing of the appeal; and
b) serve a Notice of Hearing in Form CT 14 on the Appellant and each respondent.

 

2) At the hearing of an appeal, the Tribunal
a) must accept oral submissions from the appellant and each respondent;
b) must consider the Commission's decision(s) and written reasons;
c) must assess the matter in terms of section 10, or Schedule 1, as the case may be; and
d) must either grant or refuse the appeal.

 

3) Upon making an order in terms of this Rule, the Tribunal may make an order for costs.

 

4) Sections 52(2) - (5), 54(d), and 55, each read with the changes required by context, apply to proceedings in terms of this Rule.

 

5) After issuing written reasons for its decision, the Tribunal must publish a notice of its decision in the Gazette.