The following persons may participate in a hearing, in person or through a representative, and may put questions to witnesses and inspect any books, documents or items presented at the hearing:
| (a) |
If the hearing is in terms of Part C— |
| (i) |
the Commissioner, or any person appointed by the Commissioner; |
| (aa) |
the complainant referred the complaint to the Competition Tribunal; or |
| (bb) |
in the opinion of the presiding member of the Competition Tribunal, the complainant’s interest is not adequately represented by another participant, and then only to the extent required for the complainant’s interest to be adequately represented; |
| (iv) |
any other person who has a material interest in the hearing, unless, in the opinion of the presiding member of the Competition Tribunal, that interest is adequately represented by another participant, but only to the extent required for the complainant's interest to be adequately represented; |
| (i) |
the applicant for an exemption: |
| (ii) |
the Competition Commission: |
| (iii) |
the appellant, if the appellant is not the applicant for an exemption: |
| (iv) |
an interested person contemplated in section 10(8) who submitted a representation to the Competition Commission, unless, in the opinion of the presiding member of the Competition Tribunal, that person’s interest is adequately represented by another participant, but only to the extent required for the person’s interest to be adequately represented; and |
| (v) |
the Minister or member of the Executive Council if consulted in terms of Schedule 1: |
| (c) |
if the hearing is in terms of Chapter 3 — |
| (i) |
any party to the merger: |
| (ii) |
the Competition Commission; |
| (iii) |
any person who was entitled to receive a notice in terms of section 13A(2), and who indicated to the Commission an intention to participate, in the prescribed form; |
| (iv) |
the Minister, if the Minister has indicated an intention to participate: and |
| (v) |
any other person whom the Tribunal recognised as a participant; and |
| (d) |
if the hearing is in terms of Part A— |
| (i) |
the person who owns the information that is the subject of the hearing; |
| (ii) |
any person who sought disclosure of the information that is the subject of the hearing; |
| (iii) |
the Competition Commission; and |
| (iv) |
any other person whom the Tribunal recognised as a participant. |
[Section 53 substituted by section 15 of Notice No. 1354, GG 21880, dated 13 December 2000]
Stamp Duties Act, 1968 (Act 77 of 1968)
