THE COMPETITION TRIBUNAL

1
THE COMPETITION TRIBUNAL

• Annual Presentation to
• Parliamentary Committee
• 08 November 2006

2
INTRODUCTION

• Competition policy and the Act
• Competition Commission
• Competition Tribunal
• Competition Appeal Court

3
HIGHLIGHTS 2005/2006

• Since inception Tribunal has made an average 53.5
  merger decisions annually
• 136 matters heard and 104 decision issued
• 101 large mergers heard in the current year
• 76.24 of large mergers heard within 10 days of
  notification

4
HiIGHLIGHTS 2005/2006 cont

• 84 of large merger decisions released on same
  day of hearing, 14 within 10 days of hearing
• 195 days spent in hearings
• 895 reports appeared in media monitored by
  Tribunal
• David Lewis serves as vice-chairperson of the ICN
• Tribunal invited to join the Competition
  Committee of the OECD

5
CASES BEFORE THE TRIBUNAL
Type of Case Number heard Reasons issued
Large Merger 101 94
Intermediate merger 1 0
Procedural 20 6
Complaints by Commission 10 1
Complaints by Complainant 1 0
Interim Relief 3 3
Total 136 104
6
LARGE MERGERS

• Heard 101
• Approved without conditions 88
• Approved with conditions 11
• Prohibitions 2

7
RESTRICTIVE PRACTICES

• Complaints referred by Commission
• 10 heard 10 decided
• Complaints by Complainants
• 1 heard 4 withdrawn
• interim relief applications
• 3 heard 3 decided
• Total decided 12

8
FINES/PENALTIES IMPOSED

• Fines to the value of R87 625 000 were
• imposed because of contravention of
• the Act

9
CASES ON PROCEDURE OR POINT OF LAW

• Heard 20
• Decided 19
• Withdrawn 1

10
MEMBERS OF THE TRIBUNAL

• David Lewis Chairperson
• Norman Manoim Full time member
• Yasmin Carrim Full time member

11
MEMBERS OF THE TRIBUNAL

• Part time members
• Marumo Moerane Deputy Chairperson
• Urmila Bhoola
• Merle Holden
• Mbuyiseli Madlanga
• Thandi Orleyn
• Medi Mokuena
• Lawrence Reyburn

12
DIVISIONS OF THE TRIBUNAL

• Staff complement of 14 in 3 divisions
• Corporate Services headed by Janeen de Klerk
• Research Division headed by Rietsie Badenhorst
• Registry Division headed by Lerato Motaung