Case Types

The Competition Tribunal has jurisdiction to consider and hear the following types of cases.

MERGERS (LARGE, SMALL AND INTERMEDIATE) IN TERMS OF SECTIONS 14(A) AND 16(1)

The Competition Commission (“the Commission”) is mandated to investigate large mergers before making a recommendation to the Competition Tribunal (“the Tribunal”). The Tribunal then adjudicates on the merger and makes a decision.

The Commission is also mandated to investigate small and intermediate mergers and make decisions. Merging parties may appeal to the Tribunal to reconsider the Commission’s decision to prohibit or conditionally approve a small or intermediate merger.

Competition Tribunal merger procedures (both small and intermediate) in terms of section 16(1) Competition Tribunal merger procedures (large) in terms of section 14(a) Merger notifications and procedures

If your company will be undergoing a merger please review the documentation below to ensure that you are well-informed about the Competition Commission and Competition Tribunal rules and procedures.

The Competition Act

The Competition Act with reference to mergers

Merger Control Chapter 3 of the Act amended to its present form by section 6 of the Competition Second Amendment Act, 39 of 2000.

Competition Tribunal rules

Competition Tribunal rules for mergers

The Competition Tribunal rules for Merger Proceedings are issued in terms of Division C (Rules 29-37) of the Competition Tribunal Rules

Directive for the issuing of reasons for Phase 1 and Phase 2 Category Mergers

Competition commission rules

Competition commission rules for mergers

The Competition Commission Merger Procedure rules are issued in terms of Part 6 (Rules 24-41) of the Competition Commission Rules

Competition commission merger and acquisition forms
Competition commission practice notes/guidelines

Thresholds

Notification of threshold

Amendment of the determination of merger thresholds as issued in terms of section 11 of The Competition Act, 1998 (Act No. 89 of 1998)

COMPLAINT REFERRAL IN TERMS OF SECTIONS 50 & 51

Complaints against an alleged prohibited practice (the Act Chapter 2, part A and B) are filed with, and investigated by, the Competition Commission. The Competition Commission can initiate its own complaint and at any time, after initiating a complaint, the Competition Commission can decide to refer it to the Tribunal for adjudication. The Competition Commission can also investigate complaints lodged by private parties. In such a matter the Competition Commission can either refer the matter to the Competition Tribunal or issue a non-referral certificate. In the case of a non-referral, a complainant can bring the case directly to the Competition Tribunal for adjudication.

Complaint referral in terms of sections 50 & 51

CONSENT ORDERS/SETTLEMENT AGREEMENTS IN TERMS OF SECTIONS 49(D) AND 58(1)(b)

Parties who have infringed the Act can elect to settle with the Competition Commission at any time during the investigation or after the matter has been referred to the Competition Tribunal. When these agreements are confirmed by the Competition Tribunal they are referred to as consent orders.

INTERIM RELIEF IN TERMS OF SECTION 49C

In prohibited practice cases, private parties may approach the Competition Tribunal to request interim relief after a complaint has been filed with the Competition Commission.

EXEMPTION APPEAL PROCEEDINGS IN TERMS OF SECTION 10(8)

A firm can apply to the Competition Commission to exempt an agreement or practice from the application of this Act.

OTHER APPEALS, REVIEWS, VARIATIONS OR ENFORCEMENT PROCEEDINGS IN TERMS OF SECTION 27

Procedures relate to the initiation, hearing and outcome of matters before the Competition Tribunal.

In prohibited practice cases, the Competition Commission investigates and may - when it so determines - refer such matters to the Competition Tribunal for adjudication.

The Competition Tribunal will accept direct referrals from members of the public under the following conditions.

  • If the Competition Commission does not refer a matter brought by a member of the public to the Competition Tribunal, the Competition Commission will issue a certificate of non-referral, and the member of the public can bring the case directly to the Competition Tribunal.
  • When a High Court refers a matter to the Competition Tribunal because a competition issue has been raised by parties to a matter before that court.