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THE COMPETITION TRIBUNAL
Annual Presentation to Parliamentary Committee 08 November 2006
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INTRODUCTION Competition policy and the Act Competition Commission
Competition Tribunal Competition Appeal Court
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HIGHLIGHTS 2005/2006 Since inception Tribunal has made an average 53.5 merger decisions annually 136 matters heard and 104 decision issued 101 large mergers heard in the current year 76.24% of large mergers heard within 10 days of notification
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HiIGHLIGHTS 2005/2006 cont 84% of large merger decisions released on same day of hearing, 14% within 10 days of hearing 195 days spent in hearings 895 reports appeared in media monitored by Tribunal David Lewis serves as vice-chairperson of the ICN Tribunal invited to join the Competition Committee of the OECD
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CASES BEFORE THE TRIBUNAL
Type of Case Number heard Reasons issued Large Merger 101 94 Intermediate merger 1 Procedural 20 6 Complaints by Commission 10 Complaints by Complainant Interim Relief 3 Total 136 104
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LARGE MERGERS Heard = 101 Approved without conditions = 88
Approved with conditions = 11 Prohibitions = 2
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RESTRICTIVE PRACTICES
Complaints referred by Commission 10 heard decided Complaints by Complainants 1 heard withdrawn interim relief applications 3 heard decided Total decided = 12
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FINES/PENALTIES IMPOSED
Fines to the value of R were imposed because of contravention of the Act
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CASES ON PROCEDURE OR POINT OF LAW
Heard = 20 Decided = 19 Withdrawn = 1
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MEMBERS OF THE TRIBUNAL
David Lewis – Chairperson Norman Manoim – Full time member Yasmin Carrim – Full time member
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MEMBERS OF THE TRIBUNAL
Part time members: Marumo Moerane – Deputy Chairperson Urmila Bhoola Merle Holden Mbuyiseli Madlanga Thandi Orleyn Medi Mokuena Lawrence Reyburn
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DIVISIONS OF THE TRIBUNAL
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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