South Africa Competition Act 89 of 1998
Chapters 4A and 5: market inquiries, confidentiality, search, summons and complaint procedures – South Africa Competition Act 89 of 1998

South Africa Competition Act 89 of 1998 49D-49E: Consent orders and leniency: the cooperative routes to resolution

What does 49D-49E require?

During or after an investigation of a complaint or market inquiry, the Commission and the respondent may agree the terms of an appropriate order, which the Tribunal may confirm as a consent order without hearing evidence; with the complainant's consent it may include damages, and the Tribunal may make, require changes to or refuse the order (section 49D). The Commission must publish a leniency policy stating the types of leniency, criteria, procedure and conditions, and may grant conditional or unconditional leniency (section 49E, the Corporate Leniency Policy); a person certified as deserving of leniency is shielded from the Commission seeking section 73A prosecution (section 73A(4)). Firms that discover cartel involvement need a decision process for a marker application, and firms under investigation need authority to settle.

Maintained by Gerard Blokdyk

Other controls in Chapters 4A and 5: market inquiries, confidentiality, search, summons and complaint procedures – South Africa Competition Act 89 of 1998

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The graph holds this control, the 0 it maps to, and the evidence behind each claim, over MCP and REST.

MCP endpointAll South Africa Competition Act 89 of 1998 controls