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

Competition Tribunal Rules

Part 4 - Tribunal Procedures

Division A - Complaint Procedures

15. Initiating complaint proceedings

 

1) A Complaint Referral may be filed—
a) by the Commissioner in Form CT 1(1); or
b) by any person who is recognised as a claimant in that matter in terms of Rule 18 of the Competition Commission Rules, in Form CT 1(2), within 20 business days after the Commission has issued, or has been deemed to have issued, a Notice of non-referral in the matter; or
c) by any party to an action in a civil court that has been referred to the Tribunal in terms of section 65(2), in Form CT 1(3).

 

2) For the purpose of section 53(b), the Tribunal must recognise any person who has filed a Complaint Referral in a particular matter in terms of sub-rule (1)(b) or (1)(c) as a complainant in respect of that matter.

 

3) If, in respect of a particular matter, more than one person files a Complaint Referral in terms of sub-rule (1)(b) the registrar must combine those referrals under a common case number.

 

4) The person who files a Complaint Referral must serve a copy of it within 3 days after filing on—
a) The respondent;
b) The Commission, if the Commission did not file the Referral; and
c) On any other person who has previously filed a Complaint Referral in that matter.