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TRADE AND INDUSTRY PORTFOLIO COMMITTEE Amendment 1
19 April 2000
COMPETITION AMENDMENT BILL: VOTING
Documents handed out:
Competition Amendment Bill [10B-20]
Amendments agreed to in the NCOP [handwritten copy]
The Competition Board explained the effect of the amendments proposed by the National Council of Provinces (NCOP) to members. There was no debate over the proposed amendments and they were unanimously agreed upon.
Ms Raju from the Competition Board explained that only Section 37 of the Bill had been amended by the NCOP. The proposed amendment did not change the substance of the Bill being mainly grammatical amendments.
Clause 2 (amending S37 (1): delete paragraph (b) and substitute: "consider an appeal arising from the Competition Tribunal in respect of-
any of its final decisions other than a consent order made in terms of Section 63; or
any of its interim or interlocutory decisions that may, in terms of this Act, be taken on appeal."
Ms Raju explained that if a matter is taken on appeal it is from a final decision. But the Competition Tribunal was also empowered to make interlocutory decisions and if a party wishes to appeal that decision to the CAC it may. It will hear either one but not both. The amendment to paragraph (b) only has the effect of tidying up the provision.
The Chairperson, Dr Davies commented that paragraph (b), in particular the words "arising from", would make it clear that the Competition Tribunal was not the only body with locus standi.
Dr Davies concluded that there was no opposition to the proposed amendments.
The formal motion of desirability was read out and all members present agreed to the amendments.
TRADE AND INDUSTRY PORTFOLIO COMMITTEE