Court Name: | Competition Tribunal of South Africa |
Authority: | Competition Act, 1998 |
Appealsto: | Competition Appeal Court |
Terms: | 5 years |
Positions: | 9 |
Chiefjudgetitle: | Chairperson |
Chiefjudgename: | Mondo Mazwai |
Chiefjudgetitle2: | Deputy Chairperson |
Chiefjudgename2: | Liberty Mncube |
Location: | dtic campus, 77 Meintjies Street, Sunnyside, Pretoria |
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.
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.
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, interim relief applications, and complaints relating to prohibited practises.
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.
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]