Cap. 379 Art. 27Proceedingsbefore of a civil court.

(1) Without prejudice to the provisions of articles 3 and 12A(1), where before any other court of civil jurisdiction which is not the Civil Court (Commercial Section) it is alleged that any agreement or decision is null and unenforceable in accordance with article 5 of this Act and, or Article 101 of the TFEU, or where it is alleged that there is an abuse of a dominant position in accordance with article

9 of this Act and, or Article 102 of the TFEU, that court shall stay the proceedings and request the Director General to submit a report on the competition questions raised before it and the court shall take into consideration such report, and any submissions thereon made by the parties and the Director General, before deciding the case: Provided that where the competition question raised before the court has already been decided upon under the provisions of this Act and the decision thereon has become res judicata, the court shall abide by such decision:

Provided further that where the competition issue raised before any court of civil jurisdiction is subject to pending proceedings instituted by the Director General before the Court, or may be the subject of proceedings before the Court at any point in time as contemplated in this Act, any other court of civil jurisdiction where the competition issue mentioned in sub-article (1) has been raised shall refer the proceedings to the competent court.

(2) Where the Director General, on his own initiative, becomes cognizant of allegations as mentioned in sub-article (1), in a civil lawsuit, he shall, by means of an application, request the court to apply the procedure referred to in sub-article (1).

(3) For the purposes of drawing up reports under this article the Director General may have resort to the investigatory powers conferred upon him under this Act.