n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Interim relief jurisprudence in South African competition law : a critical review of the Competition Tribunal's approach
|Article Title||Interim relief jurisprudence in South African competition law : a critical review of the Competition Tribunal's approach|
|© Publisher:||Juta Law Publishing|
|Journal||SA Mercantile Law Journal = SA Tydskrif vir Handelsreg|
|Affiliations||1 University of South Africa|
|Publication Date||Jan 2011|
|Pages||432 - 447|
Some anti-competitive conducts are so egregious that the need to prevent their continuance becomes immediate. In crude cases where prohibited practices are alleged to have occurred and immediate relief is required, an interim order can be the speediest and the most effective of all remedies available in law. The South African Competition Act makes provision for a complainant to apply to the Competition Tribunal for an interim order in respect of the alleged prohibited practice. The implication of the word complainant is that the right to apply for an interim order under the Competition Act is exclusively reserved for someone who has already filed a complaint with the Competition Commission. And the expression prohibited practice, it is submitted, further indicates that the remedy of interim relief under the Act is only available in instances of practices prohibited under Chapter 2, like price fixing, implying that the remedy is not available in merger proceedings. Section 49C of the Competition Act gives the Competition Tribunal authority to grant an interim order to a complainant, if the requirements of section 49C(2) are met, pending the final determination of the applicant's complaint filed with the Competition Commission. Section 49C repealed the old section 59(1) of the same Act which also had similar provisions enabling a complainant to apply to the Tribunal for an interim order and for the Tribunal to grant the order if circumstances so required.
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