| (1) |
Nothing in this Act renders void a provision of an agreement that, in terms of this Act, is prohibited or may be declared void, unless the Competition Tribunal or Competition Appeal Court declares that provision to be void. |
| (2) |
If, in any action in a civil court, a party raises an issue concerning conduct that is prohibited in terms of this Act, that court must not consider that issue on its merits, and— |
| (a) |
if the issue raised is one in respect of which the Competition Tribunal or Competition Appeal Court has made an order, the court must apply the determination of the Tribunal or the Competition Appeal Court to the issue; or |
| (b) |
otherwise, the court must refer that issue to the Tribunal to be considered on its merits, if the court is satisfied that— |
| (i) |
the issue has not been raised in a frivolous or vexatious manner; and |
| (ii) |
the resolution of that issue is required to determine the final outcome of the action. |
| (3) |
[Section 65(3) deleted by section 15 of Notice No. 1354, GG 21880, dated 13 December 2000] |
| (4) |
[Section 65(4) deleted by section 15 of Notice No. 1354, GG 21880, dated 13 December 2000] |
| (5) |
[Section 65(5) deleted by section 15 of Notice No. 1354, GG 21880, dated 13 December 2000] |
| (a) |
may not commence an action in a civil court for the assessment of the amount or awarding of damages if that person has been awarded damages in a consent order confirmed in terms of section 49D(1); or |
| (b) |
if entitled to commence an action referred to in paragraph (a), when instituting proceedings, must file with the Registrar or Clerk of the Court a notice from the Chairperson of the Competition Tribunal, or the Judge President of the Competition Appeal Court, in the prescribed form— |
| (i) |
certifying that the conduct constituting the basis for the action has been found to be a prohibited practice in terms of this Act; |
| (ii) |
stating the date of the Tribunal or Competition Appeal Court finding; and |
| (iii) |
setting out the section of this Act in terms of which the Tribunal or the Competition Appeal Court made its finding. |
| (7) |
A certificate referred to in subsection (6)(b) is conclusive proof of its contents, and is binding on a civil court. |
| (8) |
An appeal or application for review against an order made by the Competition Tribunal in terms of section 58 suspends any right to commence an action in a civil court with respect to the same matter. |
| (9) |
A person’s right to bring a claim for damages arising out of a prohibited practice comes into existence— |
| (a) |
on the date that the Competition Tribunal made a determination in respect of a matter that affects that person; or |
| (b) |
in the case of an appeal, on the date that the appeal process in respect of that matter is concluded. |
| (10) |
For the purposes of section 2A(2)(a) of the Prescribed Rate of Interest Act, 1975 (Act No. 55 of 1975), interest on a debt in relation to a claim for damages in terms of this Act will commence on the date of issue of the certificate referred to in subsection (6). |
[Section 65 substituted by section 15 of Notice No. 1354, GG 21880, dated 13 December 2000]
Public Service Commission Act, 1997
