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Portfolio Committee on Trade and Industry

Portfolio Committee on Trade and Industry. 06 October 2009. Mr Norman Manoim Chairperson: Competition Tribunal. Mr s Lerato Motaung Registrar: Competition Tribunal. Tel: 012 394 3347 Fax: 012 394 0169 Email: normanm@comptrib.co.za. Tel: 012 394 3355 Fax: 012 394 0169

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Portfolio Committee on Trade and Industry

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  1. Portfolio Committee on Trade and Industry 06 October 2009

  2. Mr Norman ManoimChairperson: Competition Tribunal Mrs Lerato MotaungRegistrar: Competition Tribunal Tel: 012 394 3347 Fax: 012 394 0169 Email: normanm@comptrib.co.za Tel: 012 394 3355 Fax: 012 394 0169 Email: leratom@comptrib.co.za

  3. What we do • Independent, specialised institution established by statute (Competition Act 89 of 1998) • Regulates corporate mergers and adjudicates allegations of anti-competitive practices

  4. Merger regulation • In respect of mergers, the Tribunal • Authorises or prohibits large mergers and • Adjudicates appeals from the Commission’s decisions regarding intermediate mergers

  5. Restrictive Practices • In respect of anti-competitive behaviour, the Tribunal • Adjudicates complaint referrals, • Adjudicates interim relief applications, and • Adjudicates appeals from the Competition Commission’s decisions regarding applications for exemptions

  6. Tribunal Cases

  7. Large Merger Trends

  8. Tribunal hearing days for cases taking more than one day

  9. Important new decisions • Recognising margin squeeze as form of abuse of dominance (Senwes case) • Defining rights to intervene in mergers (Altech case) • Validity of summons issued by the Commission (Woodlands case) • Validity of complaint referrals (Clover et al)

  10. Highlights • 140 cases heard • 111 reasons issued • 79.41% of hearings in large merger cases took place within 10 days of receipt of case • 100% of decisions in large merger cases released within 10 days of hearing • 126.5% days in hearings • 375 media reports in sources monitored by the Tribunal

  11. Highlights cont.. • Administrative penalties imposed exceeded R 303 million

  12. Participation in international bodies • Chairperson appointed as chairman of the steering group of the International Competition Network (ICN) • Continued active participation in the Competition Committee of Organisation for Economic Co-operation and Development (OECD)

  13. Financial Management

  14. Financial Management cont…

  15. Tribunal Members until July 2009 • David Lewis • MarumoMoerane – Deputy Chairperson • Norman Manoim • Yasmin Carrim • Urmila Bhoola • Merle Holden • MbuyiseliMadlanga • Thandi Orleyn • MediMokuena • Lawrence Reyburn • Nicola Theron

  16. Tribunal Members from August 2009 • Norman Manoim - Chairperson • MbuyiseliMadlanga – Deputy Chairperson • Yasmin Carrim • Andreas Wessels • AndiswaNdoni • Merle Holden • Thandi Orleyn • MediMokuena • Lawrence Reyburn • Nicola Theron • Takalani Madima

  17. Tribunal Staff • 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

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