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

Regulations

Tribunal Rules for COVID-19 Excessive Pricing Complaint Referrals

6. Urgent hearing

 

6.1. The Tribunal may direct that urgent complaint referral proceedings in terms of these Rules may be conducted wholly as video or audio proceedings.

 

6.2. If no answering affidavit is filed within the period set out in the Notice of Motion or such extended period as may be determined by the Tribunal, the urgent complaint referral may be heard on an unopposed basis.

 

6.3. Subject to section 55 of the Act, evidence in a complaint referral must be by affidavit.

 

6.4. The Tribunal may determine whether there is a contravention of section 8(1)(a) of the Act read with Regulation 4 of the Consumer Protection Regulations on the evidence contained in the affidavits.

 

6.5. If it is evident from the affidavits that there is a substantial dispute of fact, which cannot be resolved on the affidavits, the Tribunal may determine an expedited procedure for resolving such substantial dispute of fact and this may include the referral of the matter for oral evidence on an expedited basis including the hearing of oral evidence by way of video or audio proceedings.

 

6.6. Subject to section 55 of the Act, the Tribunal may call for further evidence if required.