Who we are
The Competition Tribunal is an independent adjudicative body established in terms of section 26 of the Competition Act, No. 89 of 1998 (Act). It has jurisdiction throughout the Republic of South Africa. It exercises its functions in accordance with the Act, the Constitution and without fear, favour or prejudice.
The Competition Tribunal is one of three independent authorities established in terms of the Act. These are:
- the Competition Commission, which is the investigative and enforcement authority
- the Competition Tribunal, which adjudicates on matters referred to it by the Competition Commission, and
- the Competition Appeal Court, which considers appeals or reviews against Tribunal decisions.
Why we were established
Before the Act, competition in the economy was overseen by the non-independent Competition Board, which advised the Minister of Trade and Industry.
Post-1994, addressing past inequality and ensuring access to the economy became a priority.
The new democratic government aimed to reform competition laws, as stated in the White Paper on Reconstruction and Development. In 1998, the Competition Act, No. 89 of 1998, replaced the Competition Board with three independent bodies: the Competition Commission, the Competition Tribunal, and the Competition Appeal Court. It also mandated firms to notify these bodies of mergers and acquisitions above a certain threshold.
What we do
The Competition Act regulates two broad areas of competition:
- mergers and acquisitions, and
- prohibited practices (anti-competitive conduct).
In all matters, the Competition Tribunal will hold hearings which 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.
The Competition Tribunal is required to:
- grant exemptions, authorise 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
- grant an order for costs in terms of section 57 of the Act on matters presented to it by the Competition Commission.
Once the Competition Tribunal arrives at a decision, it is required to publish its reasons on the site.
