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

Competition Tribunal Rules

Part 4 - Tribunal Procedures

Division A - Complaint Procedures

18. Answer

 

1) A respondent who wishes to oppose a Complaint Referral filed by the Commission must—
a) serve a copy of their Answer on the Commission; and
b) file the Answer with proof of service within 20 business days after being served with a Complaint Referral.

 

2) A respondent who wishes to oppose a Complaint Referral filed by any other person must—
a) serve a copy of their Answer on the Commission, on the person who filed the Referral, and on any other person who has previously filed a Complaint Referral in that matter; and
b) subject to sub-rule (4), file the Answer with proof of service within 20 business days after being served with a Complaint Referral.

 

3) If more than one claimant has filed a Complaint Referral, the respondent, by Notice of Motion filed within the time referred to in sub-rule (2)(b), may request that the Tribunal order consolidation of the allegations, statements of issues and particulars that are to be answered.

 

4) If the Tribunal grants an order in terms of sub-rule (3), the respondent may file an Answer at any time within 20 business days after the date on which the respondent is served with a consolidation of the allegations, statements of issues and particulars that are to be answered.

 

5) An Answer that raises only a point of law must set out the question of law to be resolved.

 

6) Any other Answer must be in affidavit form, setting out in numbered paragraphs—
a) a concise statement of the grounds on which the Complaint is opposed;
b) the material facts or points of law on which the respondent relies; and
c) an admission or denial of each ground and of each material fact relevant to each ground set out in the Complaint Referral.

 

7) An allegation of fact set out in the Complaint Referral that is not specifically denied or admitted in an Answer will be deemed to have been admitted.

 

8) In an answer, the respondent must qualify or explain a denial of an allegation, if necessary in the circumstances.