Employment Equity Act, 1998
R 385
Competition Act, 1998Rules for the Conduct of ProceedingsCompetition Commission Rules 2001Part 5 - Exemption Procedures20. Procedures concerning practices that are not prohibited |
| (1) | If the Commission determines that an application does not concern a prohibited practice (as contemplated by section 10(2)(b)(ii)), the following rules apply: |
| (a) | The Commission must issue a notice of Refusal to Grant an Exemption, in Form CC 11(1). |
| (b) | The Commission may later withdraw its notice of Refusal to Grant an Exemption, (as provided for in section 10 (9)), by— |
| (i) | issuing notice in Form CC 11(3) to the applicant at least 60 business days before the withdrawal will take effect; and |
| (ii) | providing the applicant with written reasons for its action. |
| (c) | Between the date that the Commission issues Form CC 11(1), and the date that the subsequent notice in Form CC 11(3) takes effect, the Commission must not initiate or accept a complaint against the applicant in respect of the specific practice concerned. |
| (d) | After the subsequent notice in Form CC 11(3) takes effect, the Commission must not at any time initiate or accept a complaint against the applicant concerning anything done by the applicant during the period described in paragraph (c) above in respect of the specific practice concerned. |
| (2) | An applicant who has received Form CC 11(3) in terms of sub-rule (1)(b)(i)— |
| (a) | must either— |
| (i) | repay the annual fee that had been refunded in terms of Rule 10(3); or |
| (ii) | withdraw the application; and |
| (b) | if it repays the annual fee, may file up-to date information to be considered by the Commission in its reconsideration of the application, which is required by section 10(9)(b). |
| (3) | When the Commission reconsiders an application in terms of section 10(9)(b), the provisions of Section 10 apply. |
