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Competition Tribunal

Competition Tribunal. Parliamentary Portfolio Committee Trade & Industry 15 October 2002 David Lewis, Chairperson. Competition Act of 1998. The Competition Act regulates: Anti-competitive practices (Ch. 2) Horizontal Vertical Abuse of dominance Exemptions Mergers & acquisitions (Ch. 3)

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Competition Tribunal

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  1. Competition Tribunal Parliamentary Portfolio Committee Trade & Industry 15 October 2002 David Lewis, Chairperson

  2. Competition Act of 1998 The Competition Act regulates: • Anti-competitive practices (Ch. 2) • Horizontal • Vertical • Abuse of dominance • Exemptions • Mergers & acquisitions (Ch. 3) • Small; • Intermediate; and • Large mergers http://www.comptrib.co.za

  3. The Competition Authorities F I RMS/ COMPLA I NANTS Appeal and review of Tribunal decisions Appeal Court Appeal of Commission decision on exemptions and intermediate merger • Direct complaint when Commission has non-referred • Application for interim relief • Tribunal Appeal of Tribunal decisions Referral of complaints and large mergers Commission Complaint Merger notification Exemption application http://www.comptrib.co.za

  4. Tribunal Mandate Independent and impartial body which adjudicates: • Alleged restrictive practices, referred by: • Competition Commission and/or • Private complainants • Large mergers • Appeals on decisions of the Competition Commission, w.r.t. • intermediate mergers • exemptions http://www.comptrib.co.za

  5. Mergers I • Period 2000/2 • 77 Large mergers decided • 67 unconditionally approved; • 7 approved with conditions, • 3 prohibited http://www.comptrib.co.za

  6. Mergers II • Turnaround time of Tribunal orders: • 53 of 77 Large Mergers orders (69%) issued on day of hearing • only 4 more than 1 week http://www.comptrib.co.za

  7. Mergers III • Merger types • Horizontal; • Vertical; and • Conglomerate http://www.comptrib.co.za

  8. Mergers IV • Substantial lessening of competition • JD Group – Ellerine merger • Tongaat Hulett – Transvaal Suiker Beperk merger • Schumann Sasol - Price’s Daelite • Mondi - Kohler Cores & Tubes • Astral - Natchicks • Unilever - Unifoods • Naspers - Educor http://www.comptrib.co.za

  9. Mergers V Public interest considerations • Black Economic Empowerment • Shell - Tepco Petroleum merger • Regional impact • Iscor - Saldhana Steel merger • Employment • Unilever – Unifoods merger http://www.comptrib.co.za

  10. Restrictive Practices I • Period 2000/2: • Complaints, total 29 cases • 7 decided, 3 withdrawn, • 19 pending (due to interlocutory proceedings, technicalities, appeals) • Competition Commission referrals: 17, • Direct referrals: 12 • Interim relief, total 20 cases • 4 dismissed, 2 granted • 10 withdrawn, 4 pending http://www.comptrib.co.za

  11. Restrictive practices II • Horizontal • Botash vs Ansac • Vertical • CC vs Federal Mogul Aftermarket • Abuse • CC vs Patensie Sitrus • Nat. Ass. of Pharmaceutical wholesalers et al vs Glaxo Wellcome • CC vs Seven Eleven Corporation • SA Fruit Terminals vs Portnet, Cape Span et al http://www.comptrib.co.za

  12. Challenges • Efficiency of hearings • Quality of adjudication • Communication of decisions http://www.comptrib.co.za

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