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Competition Act, 1998

Rules for the Conduct of Proceedings

Competition Commission Rules 2001

Part 5 - Exemption Procedures

19. Procedures relating to exemption applications (Section 10)

 

(1) Upon receiving an application for exemption in terms of section 10, the Commission, by issuing Form CC 10(3) to the applicant, may—
(a) if the application is materially incomplete, advise the applicant of any further information required before the application will be considered; or
(b) if the application does not specify a specific agreement, practice or category of agreements or practices, require the applicant to more specifically state the exemption sought before the application will be considered.

 

(2) If the applicant
(a) does not respond to the Commission within 20 business days after being served with Form CC 10(3), the application will be deemed to have been abandoned by the applicant, and the filing fees paid by the applicant will be forfeited to the Commission; or
(b) responds to the Commission, but does not, to the satisfaction of the Commission, meet the requirements set out in the Form CC 10(3) as issued, the Commission, by issuing a new Form CC 10(3) to the applicant, may again stipulate any further information, or clarification, required before the application will be considered, and the provisions of this sub-rule (2) apply to such a new Form CC 10(3).

 

(3) If an application is deemed to have been abandoned in terms of sub-rule (2), the Commission may close its file on that application without making a decision contemplated in section 10.

 

(4) After receiving adequate information to begin consideration of an application, the Commission—
(a) must publish in the Gazette the notice of the application required by section 10(6)(a), and—
(b) may request further information from any person who submits
(i) an application for an exemption in terms of section 10(1) or (4), or
(ii) a representation in response to a notice published in terms of Section 10(6).

 

(5) Upon publishing a notice in terms of section 10(7), the Commission must provide written reasons for its decision, unless the decision is a refusal in terms of section 10(2)(b)(ii) to grant an exemption.