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

Chapter 5 : Investigation and Adjudication Procedures

Part E : Appeals and reviews to Competition Appeal Court

62. Appellate jurisdiction

 

(1) The Competition Tribunal and Competition Appeal Court share exclusive jurisdiction in respect of the following matters:
(a) Interpretation and application of Chapters 2, 3 and 5, other than—
(i) a question or matter referred to in subsection (2); or
(ii) a review of a certificate issued by the Minister of Finance in terms of section 18(2): and
(b) the functions referred to in sections 21(1), 27(1) and 37, other than a question or matter referred to in subsection (2).

 

(2) In addition to any other jurisdiction granted in this Act to the Competition Appeal Court, the Court has jurisdiction over—
(a) the question whether an action taken or proposed to be taken by the Competition Commission or the Competition Tribunal is within their respective jurisdictions in terms of this Act;
(b) any constitutional matter arising in terms of this Act; and
(c) the question whether a matter falls within the exclusive jurisdiction granted under subsection (1).

 

(2A) Despite subsections (1)(a) and (2)(b), neither the Competition Tribunal nor the Competition Appeal Court has jurisdiction over matters regulated by section 18A, except section 18A(14).

[Section 62(2A) inserted by section 35(a) of Notice 175, GG 42231, dated 14 February 2019]

 

(3) The jurisdiction of the Competition Appeal Court—
(a) is final over a matter within its exclusive jurisdiction in terms of subsection (1); and
(b) is neither exclusive nor final in respect of a matter within its jurisdiction in terms of subsection (2).

 

(4) An appeal from a decision of the Competition Appeal Court in respect of a matter within its jurisdiction in terms of subsection (2) lies to the Constitutional Court, subject to section 63 and its respective rules.

[Section 62(4) substituted by section 35(b) of Notice 175, GG 42231, dated 14 February 2019]

 

(5) For greater certainty, the Competition Tribunal and the Competition Appeal Court have no jurisdiction over the assessment of the amount, and awarding, of damages arising out of a prohibited practice.

 

[Section 62 substituted by section 15 of Notice No. 1354, GG 21880, dated 13 December 2000]

 

 


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