Competition Tribunal (South Africa)

South African court of first instance for competition matters

Competition Tribunal of South Africa

Established| 1998; 27 years ago (1998)
Location| dtic campus, 77 Meintjies Street, Sunnyside, Pretoria
Authorised by| Competition Act, 1998
Appeals to| Competition Appeal Court
Judge term length| 5 years
Number of positions| 9
Annual budget| R 59.7 million
Website| www.comptrib.co.za
Chairperson
Currently| Mondo Mazwai
Deputy Chairperson
Currently| Liberty Mncube

The Competition Tribunal (CompTrib) is a court of first instance concerning competition-related matters in South Africa. It is an independent adjudicative body with cross-disciplinary expertise in law and economics. Its function is to hear and decide competition cases. Whereas the Competition Commission is the investigative and enforcement authority, the Tribunal adjudicates on matters referred to it by the Commission. Appeals or reviews against the Tribunal are heard by the Competition Appeal Court.

Competition Tribunal members, on recommendation by the Minister of Trade, Industry and Competition, are appointed by the President of South Africa.

## History

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The Competition Tribunal was established with the passing of the Competition Act (No. 89 of 1998) along with two other statutory bodies, the Competition Commission and the Competition Appeal Court.[1]

## Mandate

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The Competition Tribunal is established in terms of the Competition Act and has jurisdiction in the Republic of South Africa.[1] It is tasked with adjudicating competition-related matters in South Africa, including overseeing large mergers,[1]: 59  interim relief applications,[1]: 131  and complaints relating to prohibited practises.[1]: 25

### Case-handling by the Tribunal

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Cases are heard before a Tribunal consisting of three members of a adjudicative panel. At least one member of an adjudicative panel must be lawyer. Members of the Tribunal are experienced senior lawyers and economists with appropriate experience and knowledge of competition law and practice. Some members serve in a part-time capacity.

### Comparison with the Competition Commission

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The Competition Commission can only adjudicate on small and intermediate mergers; for larger mergers, the role of the Commission is to investigate and make a recommendation to the Tribunal for adjudication. Further appeals are taken to the Competition Appeal Court, which is a specialised division of the High Court.[1]

## Notable cases

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### 2023

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In Competition Commission vs Bank of America Merrill Lynch International Designated Activity Company and Others, the Tribunal was referred a case of collusion by the Competition Commission regarding the manipulation of the rand by 28 banking groups.[2] The Tribunal stated that the case can proceed.[3]

## List of Chairpersons

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* 1999–2009: David Lewis[4]
* 2009–2019: Norman Manoim[5]
* 2019–present: Mondo Mazwai[5]

### List of Deputy Chairpersons

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* 1999–2009: Marumo Moerane
* 2009–2012: Mbuyiseli Madlanga
* 2017–2022: Enver Daniels
* 2023–present: Liberty Mncube

## References

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1. ^ a b c d e f "COMPETITION ACT (89 OF 1998)" (PDF). This article incorporates text from this source, which is in the public domain.
2. ^ Ryan, Ciaran (2023-11-15). "Standard Chartered settles forex rigging case after eight years in court". Moneyweb. Retrieved 2023-11-29.
3. ^ "COMPETITION TRIBUNAL OF SOUTH AFRICA: Case No: CR212Feb171" (PDF).
4. ^ Lewis, David (2012). Thieves at the Dinner Table: Enforcing the Competition Act, a Personal Account. Jacana Media. ISBN 978-1-4314-0370-7.
5. ^ a b "Competition history as first black female chairperson appointed". News24. 3 August 2019. Retrieved 2024-01-07.

## External links

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Official website