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

Competition Tribunal Rules

Part 4 - Tribunal Procedures

Division B - Interim Relief in terms of Section 59

30. Interim relief hearings

 

1) Rules 23, 24 and 25, each read with the changes required by context, apply to the pre-hearing procedures of an interim relief application.

 

2) Sections 52(2) - (5), 54(d), and 55, and Rules 22, and 25 and 26(2), each read with the changes required by context, apply to the hearing procedures of an interim relief application.

 

3) Subject to sub-rule (4), evidence on an application for interim relief must be by affidavit.

 

4) At the hearing of an application for interim relief, the presiding member of the Tribunal may allow—
a) oral evidence in relation to an issue raised; or
b) questioning of a deponent to an affidavit.

 

5) At the hearing of an application in terms of this Division, the Tribunal—
a) must accept oral submissions from the Commission, the claimant, and each respondent;
b) must assess the matter in terms of the relevant section;
c) must either grant or refuse the relief sought.

 

6) Upon making an order in terms of this Division, the Tribunal may make an order for costs.