| (1) |
The Competition Tribunal must conduct a hearing, subject to its rules, into every matter referred to it in terms of this Act. |
| (2) |
Subject to subsections (3) and (4), the Competition Tribunal— |
| (a) |
must conduct its hearings in public, as expeditiously as possible, and in accordance with the principles of natural justice; and |
| (b) |
may conduct its hearings informally or in an inquisitorial manner. |
| (2A) |
Despite subsection (2)(a), the Chairperson of the Tribunal may order that a matter be heard— |
| (a) |
in chambers, if no oral evidence will be heard, or that oral submissions be made at the hearing; or |
| (b) |
by telephone or video conference, if it is in the interests of justice and expediency to do so. |
| (3) |
Despite subsection (2), the Tribunal member presiding at a hearing may exclude members of the public, or specific persons or categories of persons, from attending the proceedings— |
| (a) |
if evidence to be presented is confidential information, but only to the extent that the information cannot otherwise be protected; |
| (b) |
if the proper conduct of the hearing requires it; or |
| (c) |
for any other reason that would be justifiable in civil proceedings in a High Court. |
| (4) |
At the conclusion of a hearing, the Competition Tribunal must make any order permitted in terms of this Act, and must issue written reasons for its decision. |
| (5) |
The Competition Tribunal must provide the participants and other members of the public reasonable access to the record of each hearing, subject to any ruling to protect confidential information made in terms of subsection (3)(a). |
[Section 52 substituted by section 15 of Notice No. 1354, GG 21880, dated 13 December 2000]
Protection of Businesses Act, 1978
