Employment Equity Act, 1998
R 385
Competition Act, 1998Rules for the Conduct of ProceedingsCompetition Commission Rules 2001Part 4 - Complaint Procedures18. Consent orders |
| (1) | If, at any time before issuing a Notice of Non-referral in Form CC 8, or referring a complaint to the Tribunal in Form CT 1(1), it appears to the Commission that the respondent may be prepared to agree terms of a proposed order, the Commission— |
| (a) | must notify the complainant, in writing, that a consent order may be recommended to the Tribunal; and |
| (b) | invite the complainant to inform the Commission in writing within 10 business days after receiving that notice— |
| (i) | whether the complainant is prepared to accept damages under such an order; and |
| (ii) | if so, the amount of damages claimed. |
| (2) | If the Commission and the respondent agree the terms of an appropriate order, the Commission must— |
| (a) | refer the complaint to the Tribunal in Form CT 1(1) to be proceeded with in terms of section 49D; |
| (b) | attach to the referral— |
| (i) | a draft order |
| (aa) | setting out the section of the Act that has been contravened; |
| (bb) | setting out the terms agreed between the Commission and the respondent, including, if applicable, the amount of damages agreed between the respondent and the complainant; and |
| (cc) | signed by the Commission and the respondent indicating their consent to the draft order; and |
| (ii) | Form CT 3, completed by the complainant, if applicable; and |
| (c) | serve a copy of the referral and draft order on the respondent and the 1 complainant. |
| (3) | The Commission must not include an order of damages in a draft consent order unless it is supported by a completed Form CT3. |
| (4) | A draft consent order may be submitted to the Tribunal in terms of section 49D and this Rule notwithstanding the refusal by a complainant to consent to including an award of damages in that draft order. |
