The Competition Tribunal of South Africa

The Competition Tribunal was established in 1998 by the Competition Act. In 1998, the democratic government of South Africa established a new framework of competition regulation. Three independent bodies, which replaced the Competition Board, were created by the Act. These are the Competition Commission, the Competition Tribunal and the Competition Appeal Court. This Act also made it compulsory for firms to notify the Commission and/or the Tribunal about mergers and acquisitions above a certain monetary threshold. The Commission is the investigation and enforcement agency. The Tribunal is the adjudicative body, very much like a court. The Appeal Court considers appeals against decisions of the Tribunal. In practice, the Competition Act regulates two broad areas of competition: mergers and acquisitions and prohibited practices (anti-competitive conduct). In relation to mergers, the Commission investigates and makes a decision about intermediate mergers. With large mergers however the Commission conducts an investigation and makes a recommendation to the Tribunal for decision. In respect of prohibited practices, the Commission investigates and may, when it so determines, refer such matters to the Tribunal for prosecution. Sometimes the Commission and the party under investigation will agree the terms of a settlement. In this case the Tribunal must decide whether to confirm the agreement in order to give it the force of law. Private parties may also approach the Tribunal for interim relief in prohibited practice cases. The Tribunal is required to hold hearings in each matter. Its proceedings are open to the public. In almost all cases, apart from a few procedural type cases, three Tribunal members must hear a case and make a decision. Once the Tribunal has arrived at a decision, it publishes its reasons on its website. Visit the Tribunal's website for its latest decisions and upcoming cases.