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Competition Act, 1998 (Act No. 89 of 1998)

Chapter 5 : Investigation and Adjudication Procedures

Part D : Tribunal hearings and orders

58. Orders of Competition Tribunal

 

(1) In addition to its other powers in terms of this Act, the Competition Tribunal may—
(a) make an appropriate order in relation to a prohibited practice or an appeal referred to in section 43F, including—

[Words preceding section 58(1)(a)(i) substituted by section 32(a) of Notice 175, GG 42231, dated 14 February 2019]

(i) interdicting any prohibited practice;
(ii) ordering a party to supply or distribute goods or services to another party on terms reasonably required to end a prohibited practice;
(iii) imposing an administrative penalty, in terms of section 59, with or without the addition of any other order in terms of this section:
(iv) ordering divestiture, subject to section 60;
(v) declaring conduct of a firm to be a prohibited practice in terms of this Act, for purposes of section 65;
(vi) declaring the whole or any part of an agreement to be void;
(vii) ordering access to an essential facility on terms reasonably required;
(viii) imposing appropriate conditions.

[Section 58(1)(a)(viii) inserted by section 9 of Notice No. 875, GG 32533, dated 28 August 2009]

(b) confirm a consent agreement in terms of section 49D as an order of the Tribunal; or
(c) subject to sections 13(6), 14(2) and 43B(4)(b), condone, on good cause shown, any non-compliance of—

[Words preceding section 58(1)(c)(i) substituted by section 32(b) of Notice 175, GG 42231, dated 14 February 2019]

(i) the Competition Commission or Competition Tribunal rules; or
(ii) a time limit set out in this Act.

 

(2) At any time, the Competition Tribunal may adjourn a hearing for a reasonable period of time, if there is reason to believe that the hearing relates to a prohibited practice that might qualify for exemption in terms of section 10.

 

(3) Despite any other provision of this Act, if the Competition Tribunal adjourns a hearing in terms of subsection (2), the respondent may apply for an exemption during that adjournment.

 

[Section 58 substituted by section 15 of Notice No. 1354, GG 21880, dated 13 December 2000]

 

 


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