Cap. 379 Art. 14Handling of complaints.

(1) Complaints are to be received by the Director General in writing, who shall set out the general requirements for information to be provided by the complainant.

Provided that the complainant shall request in his complaint that an investigation be carried out on the alleged restricted practices.

(2) Where the Director General considers that on the basis of the information in his possession there are insufficient grounds for acting on a complaint or fails for some other reason to investigate a complaint against an undertaking and, or association of undertakings concerned in terms of this Act, he shall inform the complainant: Provided that where, having informed the European Commission in accordance with Article 11(3) of Regulation (EC) No. 1/2003, the Office decides that there are no grounds to continue the investigation and as a result closes the investigation, the Office shall inform the European Commission accordingly.

(3) If the Director General considers that there are insufficient grounds to act on a complaint or fails to investigate a complaint in terms of the Act as referred to in the previous sub-article, it shall be lawful for the complainant to file a sworn application in Court, within twenty days from notification of the decision of the Director General, to request the Court to order the Director General to act on a complaint or investigate a complaint in terms of the Act against the undertaking and, or association of undertakings concerned: the Court shall deliver a judgement ordering the Director General who shall thereupon commence the investigation or issue any other order which the Court considers appropriate in that case.

(4) Any party to the proceedings before the Court who feels aggrieved by the judgment of the Court delivered in terms of sub-article (3), may appeal on points of law and, or of fact before the Court of Appeal, by means of an application filed in the registry of that court within twenty days from the date of the judgment of the Court:

Provided that in case of any proceedings instituted under this article before the Court or the Court of Appeal, the Director General shall act as an official party to the proceedings and enjoy the same rights which pertain to his counterparty.