Abuse of Dominance Case(s)
- 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 for the matter to be handled administratively.
- Where the parties;
- Do not submit neither written representation nor request for a hearing conference, the contravention shall be presumed and forwarded to the ODPP for criminal proceedings,
- 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
- Where the matter is not settled administratively through a settlement conference, the Authority shall recommend for the matter to be pursued through the ODPP
Note that the Authority may at any time, during or after an investigation into an alleged infringement of the prohibitions contained in the Act, enter into an agreement of settlement with the undertaking or undertakings concerned.