Any person may provide information concerning an allegation of a breach of a prohibited practice to the Commission. To begin the procedure officially, you will need to complete and send complaint form to the Commission. When a complaint is received, the Commission directs an inspector to investigate the complaint.
After the Commission has received a complaint, it may publish a notice in the Government Gazette and/or other media, inviting any person who believes that the alleged practice has affected, or is affecting, a material interest of that person to file a complaint about the matter.
The information that needs to be submitted to the Commission must contain the following:
If the information sent to the Commission contains trade, business or industrial information that belongs to you or a firm, has a particular economic value, and is not generally available to or known by others – and you do not want it revealed to others – you may request that it should be kept confidential by completing .
This Form requires a party to specify, in detail, the precise description of the information for which confidentiality is sought and any existing limitations placed upon the use of that information. However, should a dispute arise as to the status of such information, the Commission may refer the matter to the Competition Tribunal for determination, in accordance with the provisions of the rules of proceedings at the Commission. A person or firm may request that their identity not be revealed. Whilst it is open to the Commission to agree to such a request, the party seeking Confidentiality for their identity must be informed that they cannot be granted status as a complainant in that matter, unless they waive their request for confidentiality and this is done in writing.
Any person who has lodged a complaint with the Commission concerning a restrictive practice, as explained above, may ask the Competition Tribunal for an interim relief order, whether or not a hearing or investigation has commenced in respect of the alleged prohibited practice. In order to succeed with the request for this relief, you will need to provide proof that the prohibited practice being complained of did occur as alleged, that the interim relief sought by you is most likely to prevent serious damage to your interest, and that the order would prevent the aims and objectives of this law being contravened.
If the Commission declines to refer a complainant’s case to the Competition Tribunal for prosecution, the complainant may refer, within 10 days after receiving a “Notice of Non-Referral” from the Commission, the matter to the Competition Tribunal at his/her own cost.
In terms of Rule 16 of the Act, at any time during an investigation, a complainant may withdraw a complaint lodged with the Commission. In such circumstances, the Commission will accept the withdrawal but may decide whether to continue investigating the complaint as if the Commissioner had initiated it or whether the complainant’s withdrawal should be accepted and the matter non-referred/closed.
In terms of Rule 16 of the Act, at any time during an investigation, a complainant may withdraw a complaint lodged with the Commission. In such circumstances, the Commission will accept the withdrawal but may decide whether to continue investigating the complaint as if the Commissioner had initiated it or whether the complainant’s withdrawal should be accepted and the matter non-referred/closed.
