The Process / Method: Concerted Practices Decisions by Undertakings and Association of Undertakings;
- The Authority shall initiate investigations/screening into a sector as a result of a trigger in form of a referral from other Government Agencies, directive by National Treasury, media reports, an anonymous complaints or whistle blowers.
- The Authority with recommendations will make a decision that will be communicated to the parties of interest that had been issued with a notice of investigations
- Where there is a contravention, the Authority shall invoke section 34 and communicate to the parties the contravention and the intended remedial action (s) by the Authority within 3 days giving them 21 days to submit their written representation and indicate whether to be granted a hearing conference
- Where the parties;
- Do not submit neither a written representation nor a request for a hearing conference, the contravention shall be presumed;
- Submit their written representation only, the Authority shall review the submissions within 14 days,
- Submit their written representation and request for a hearing conference, the Authority shall convene a hearing conference within 21 days
- The Authority shall prepare a report with recommendations in view of procedure iv. above.
- When the parties agree to apply Section 38, the Authority shall convene a settlement conference for that purpose.