29 JANUARY

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WHO ARE WE ?  Competition Commission – Policeman and Prosecutor  Competition Tribunal – First court in the competition system  Competition Appeal Court – Hears appeals 3

WHAT DO WE DO ?  Approve/prohibit mergers  Decide cases of anti-competitive behavior (abuse of dominance and cartels) 4

The Tribunal as at end 2011/2012 consisted of  8 Tribunal members appointed by the President of South Africa;  A secretariat 13 of that provides administrative assistance to the panel members. 5

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Tribunal members The Tribunal as at January 2013 consisted of 11 members appointed by the President of South Africa 8

 Imraan Valoodia – Economist  Anton Roskom- Lawyer in private practice  Mondo Mazwai – Lawyer in corporate practice 9

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Secretariat  13 staff members that provide administrative assistance to the panel members;  Includes economist appointed in January

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 Last Year – 116 matters over 106 days  This year- 158 matters over 146 hearing days 14

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WHAT HAVE WE DECIDED ? 17

Pioneer Pannar Merger  Decision - Prohibition 18

First merger prohibited since Telkom – BCX in

Why was it prohibited  3-2 merger  Likelihood of increase in prices of Pioneer’s maize seeds  Not a failing firm  Impact on small farmers  Proposed conditions did not address the competition concerns 20

On appeal to the CAC it was approved subject to conditions 21

AON/Glenrand  2 year losses on merger specific retrenchments for employees earning less than R per month 22

Prohibited cases heard in 2011/2012 but decided this year 23

 Telkom – abuse case – imposed fine of R 449m  3 cartel cases – fines imposed; new precedent set; new approach to fining 24

OUR POWERS ON APPEAL 25

Concourt – Senwes  Tribunal’s right to control its own proceedings affirmed 26

CAC – Walmart  Importance of our inquisitorial role in merger cases 27

INVOLVEMENT OF THE PUBLIC IN OUR PROCEEDINGS 28

Natal Witness/Media 24 merger  2 small media firms gave evidence 29

Gold Circle/ Kenilworth Race Course merger 30

Evidence given by:  Groom’s Association  Independent black horse owners association 31

ADOPTED NEW APPROACH TO OUR USE OF MEDIA 32

New look Annual Report 33

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Revised Tribunal Tribune 35

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Website provides increased access to documentation 37

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