COMPETITION TRIBUNAL DECISIONS

These are the Decisions of the Competition Tribunal from inception and updated as at when they are available.

The Competition Tribunal adjudicates competition matters, in accordance with the act and has jurisdiction throughout South Africa. It is independent and subject to the constitution and the law. It must be impartial and perform its functions without fear, favour or prejudice. When a matter is referred to it in terms of the act the tribunal must:

  • Adjudicate complaints of prohibited conduct
  • Restrictive practice
  • Abuse of dominance
  • Impose a remedy
  • Award costs
  • Grant an order for interim relief
  • Authorize or prohibit a large merger
  • Adjudicate appeals from Commission’s decisions on:
    • Intermediate mergers
    • Exemptions

The Competition Commission is the investigative body of the competition authorities and the Competition Tribunal is the adjudicative body. The Commission investigates and refers restrictive business practices, abuse of dominance cases and large mergers to the Competition Tribunal for adjudication. The Commission can adjudicate on intermediate and small mergers.

The Tribunal is established in terms of section 26 of the Act and has jurisdiction throughout the Republic. It is a tribunal of record and independent from the other competition institutions.

The Tribunal is headed by a chairperson appointed by the President of the Republic. In addition, the Act requires the appointment of a minimum of three and a maximum of ten Tribunal members, who are also appointed by the President and may be either full-time or part-time, depending on the recommendations of the Minister. Each member of the Tribunal, including the Chairperson, serves for a term of five years but may be re-appointed for the second term. The Chairperson may not serve for more than two consecutive terms. The Tribunals main functions are to grant exemptions, authorize or prohibit large mergers (with or without conditions) or prohibit a merger, adjudicate in relation to any conduct prohibited in terms of chapter 2 or 3 of the Act and to grant an order for costs in terms of section 57 of the Act on matters presented to it by the Commission. The Chairperson may appoint permanent staff to assist the Tribunal in carrying out its functions.

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