ADVOKS GLOBAL · KENYA
The Competition Tribunal (Procedure) Rules
10. Decisions and orders
Edition: 2022-12-31 · In force
10. Decisions and orders
(1)In determining the matters set out in rule 9, the Tribunal shall have the power to—(a)confirm the decision of the Authority;(b)modify the decision of the Authority by ordering restrictions or including conditions in whole or in part;(c)set aside, reverse or vacate in whole or in part, the decision or the effect of any decision which is the subject matter of proceedings before it;(d)refer the matter back to the Authority for reconsideration on specified terms in accordance with section 75 of the Act;(e)make an appropriate order as to costs; or(f)grant any other appropriate relief which the Tribunal would have the power to grant under the Act.(2)The Tribunal shall exercise its power under this rule taking into account all the relevant circumstances, including—(a)the urgency of the matter;(b)the effect on the party making the request if the relief sought is not granted;(c)the effect on competition if the relief is granted; and(d)the furnishing and adequacy of any offer of any undertaking as to damages.(3)A matter referred back to the Authority by the Tribunal may be subject to the Tribunal's further order, direction or final decision.(4)Subject to sub rules (1) and (3), an order or direction for interim relief may be made against a person who is not a party to the proceedings, provided that no such order may be made unless that person has been given an opportunity to be heard.(5)If the urgency of the case so requires, the Tribunal may grant the request for interim relief for such period as the Chairperson may deem fit before the parties make their submissions or the person referred to in sub rule (4) has been heard.