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

Competition Commission Rules

Part 4 - Complaint Procedures

19. Resolution of complaint

 

1) The Commission must notify the registrar of the Competition Tribunal that a complaint has been initiated or accepted by the Commission on the earliest of the following dates, as applicable in a particular case:
a) The date on which the Commissioner initiates the complaint.
b) The date on which the Commission accepts a submission in terms of Rule 17(2)(a).
c) The date on which the Tribunal determines in terms of Rule 17(4) that a submission satisfies Rule 17(1).
d) The date on which the Commission publishes a notice in terms of Rule 18(1)(b).

 

2) Subject to sub-rule (3), the Commission must either refer a complaint to the Tribunal in Form CT 1(1), or issue a Notice of Non-referral in Form CC 8, no more than one year after the date on which the complaint was initiated or accepted, as the case may be, as reported to the Tribunal in terms of sub-rule (1).

 

3) In a particular case—
a) the Commission, and all claimants recognised at the time, may agree to extend the period allowed in sub-rule (2);
b) on application by the Commission, the Tribunal may extend the period allowed in sub-rule (2).

 

4) If the Commission has not referred a complaint to the Tribunal, or issued a Notice of Non-referral, within the time allowed by sub-rule (2), or sub-rule (3) if different, the Commission will be deemed to have issued a Notice of Non-referral on the expiry of the relevant time period.

 

5) Upon issuing a Notice of Non-referral in terms of sub-rule (2), the Commission must deliver a copy of the notice to each claimant recognised at the time.