| (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]
Superior Courts Act, 2013
