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Published byHerbert Gregory Modified over 9 years ago
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29 JANUARY 2013 1
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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
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WHAT DO WE DO ? Approve/prohibit mergers Decide cases of anti-competitive behavior (abuse of dominance and cartels) 4
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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
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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 2013 11
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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
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Pioneer Pannar Merger Decision - Prohibition 18
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First merger prohibited since Telkom – BCX in 2007 19
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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
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On appeal to the CAC it was approved subject to conditions 21
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AON/Glenrand 2 year losses on merger specific retrenchments for employees earning less than R 30 000 per month 22
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Prohibited cases heard in 2011/2012 but decided this year 23
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Telkom – abuse case – imposed fine of R 449m 3 cartel cases – fines imposed; new precedent set; new approach to fining 24
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OUR POWERS ON APPEAL 25
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Concourt – Senwes Tribunal’s right to control its own proceedings affirmed 26
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CAC – Walmart Importance of our inquisitorial role in merger cases 27
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INVOLVEMENT OF THE PUBLIC IN OUR PROCEEDINGS 28
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Natal Witness/Media 24 merger 2 small media firms gave evidence 29
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Gold Circle/ Kenilworth Race Course merger 30
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Evidence given by: Groom’s Association Independent black horse owners association 31
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ADOPTED NEW APPROACH TO OUR USE OF MEDIA 32
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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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