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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 2 : Delivery of Documents

10. Fees

 

(1) The Commission may not charge a fee to any person for filing a complaint.

 

(2) Subject to sub-rule (3), the fee for filing an application with the Commission is—
(a) for a single exemption –
(i) a filing fee of R5 000; plus
(ii) an annual fee, payable at the time of the application, equal to R500 times the number of years for which the exemption is granted; or
(b) for a category exemption –
(i) a filing fee of R100 000; plus
(ii) an annual fee, payable at the time of the application, equal to R1 000 times the number of years for which the exemption is granted; or
(c) for an exemption in terms of Schedule 1 of the Act, a filing fee of R100 000.

 

(3) If an application is refused in terms of section 10 or Schedule 1, the Commission must refund to the applicant the annual fee paid in respect of that application.

 

(4) The fee for an advisory opinion is R2 500.

 

(5) The fee for filing a Merger Notice is –
(a) R165 000.00 (one hundred and sixty five thousand Rand) for an intermediate merger; or
(b) R550 000.00 (five hundred and fifty thousand Rand) for a large merger.

[Rule 10(5) amended by Notice No. 1336, GG 42082, dated 4 December 2018 - effective 1 January 2019]

 

(6) No fee is payable for filing a Merger Notice for a small merger.

 

(7) A fee payment will be deemed to be received by the Commission on –
(a) the date that a cheque or money order in payment of that fee is delivered to the Commission; or
(b) the date that a direct deposit or an electronic transfer of funds in the amount of that fee is credited to the account of the Commission at the financial institution to which is it transferred.

 

(8) The Commission may charge a fee of R1-00 per A4-size page or part thereof to any person wishing to copy a record in the possession of the Commission and R2-00 each for the Commission's certificate on certified copies of documents.

 

(9) The amount of each fee set out in this Rule, or calculated in terms of this Rule, is exclusive of VAT.