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Competition Act, 1998

Rules for the Conduct of Proceedings

Competition Commission Rules 2001

Part 5 - Exemption Procedures

20. Procedures concerning practices that are not prohibited

 

(1) If the Commission determines that an application does not concern a prohibited practice (as contemplated by section 10(2)(b)(ii)), the following rules apply:
(a) The Commission must issue a notice of Refusal to Grant an Exemption, in Form CC 11(1).
(b) The Commission may later withdraw its notice of Refusal to Grant an Exemption, (as provided for in section 10 (9)), by—
(i) issuing notice in Form CC 11(3) to the applicant at least 60 business days before the withdrawal will take effect; and
(ii) providing the applicant with written reasons for its action.
(c) Between the date that the Commission issues Form CC 11(1), and the date that the subsequent notice in Form CC 11(3) takes effect, the Commission must not initiate or accept a complaint against the applicant in respect of the specific practice concerned.
(d) After the subsequent notice in Form CC 11(3) takes effect, the Commission must not at any time initiate or accept a complaint against the applicant concerning anything done by the applicant during the period described in paragraph (c) above in respect of the specific practice concerned.

 

(2) An applicant who has received Form CC 11(3) in terms of sub-rule (1)(b)(i)—
(a) must either—
(i) repay the annual fee that had been refunded in terms of Rule 10(3); or
(ii) withdraw the application; and
(b) if it repays the annual fee, may file up-to date information to be considered by the Commission in its reconsideration of the application, which is required by section 10(9)(b).

 

(3) When the Commission reconsiders an application in terms of section 10(9)(b), the provisions of Section 10 apply.