| (1) |
At any time, whether or not a hearing has commenced into an alleged prohibited practice, the complainant may apply to the Competition Tribunal for an interim order in respect of the alleged practice. |
| (2) |
The Competition Tribunal— |
| (a) |
must give the respondent a reasonable opportunity to be heard, having regard to the urgency of the proceedings; and |
| (b) |
may grant an interim order if it is reasonable and just to do so, having regard to the following factors: |
| (i) |
The evidence relating to the alleged prohibited practice; |
| (ii) |
the need to prevent serious or irreparable damage to the applicant; and |
| (iii) |
the balance of convenience. |
| (3) |
In any proceedings in terms of this section, the standard of proof is the same as the standard of proof in a High Court on a common law application for an interim interdict. |
| (4) |
An interim order in terms of this section may not extend beyond the earlier of the— |
| (a) |
conclusion of a hearing into the alleged prohibited practice; or |
| (b) |
date that is six months after the date of issue of the interim order. |
| (5) |
If an interim order has been granted, and a hearing into that matter has not been concluded within six months after the date of that order, the Competition Tribunal, on good cause shown, may extend the interim order for a further period not exceeding six months. |
| (6) |
Any party to an application may apply to the Competition Appeal Court to review a decision of the Competition Tribunal in terms of this section. |
| (7) |
The applicant may appeal to the Competition Appeal Court against a refusal by the Competition Tribunal to grant an interim order in terms of this section. |
| (8) |
The respondent may appeal to the Competition Appeal Court in terms of this section against any order of the Competition Tribunal that has a final or irreversible effect. |
[Section 49C substituted by section 15 of Notice No. 1354, GG 21880, dated 13 December 2000]
Protection of Businesses Act, 1978
