The Competition Tribunal (CompTrib) is a
court of first instance concerning
competition
Competition is a rivalry where two or more parties strive for a common goal which cannot be shared: where one's gain is the other's loss (an example of which is a zero-sum game). Competition can arise between entities such as organisms, indivi ...
-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
The Competition Appeal Court is a specialist Courts of South Africa, South African court that hears appeals from the Competition Tribunal (South Africa), Competition Tribunal. The court was established by the Competition Act 89 of 1998, Competitio ...
.
Competition Tribunal members, on recommendation by the Minister of Trade, Industry and Competition, are appointed by the President of South Africa.
History
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 Appeal Court is a specialist Courts of South Africa, South African court that hears appeals from the Competition Tribunal (South Africa), Competition Tribunal. The court was established by the Competition Act 89 of 1998, Competitio ...
.
Mandate
The Competition Tribunal is established in terms of the Competition Act and has jurisdiction in the Republic of South Africa.
[ ] It is tasked with adjudicating
competition
Competition is a rivalry where two or more parties strive for a common goal which cannot be shared: where one's gain is the other's loss (an example of which is a zero-sum game). Competition can arise between entities such as organisms, indivi ...
-related matters in South Africa, including overseeing large mergers,
interim relief applications,
and complaints relating to prohibited practises.
How does the Tribunal deal with cases?
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.
Notable cases
2023
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. The Tribunal stated that the case can proceed.
List of Chairpersons
* 1999–2009:
David Lewis
* 2009–2019:
Norman Manoim
* 2019–present:
Mondo Mazwai
Mondo Mazwai is a South African legal practitioner. She is the first woman and black African to chair South Africa’s Competition Tribunal, a body set up under the Competition Act to adjudicate cases referred to it by the Competition Commission. ...
List of Deputy Chairpersons
* 1999 - 2009:
Marumo Moerane
* 2009 - 2012:
Mbuyiseli Madlanga
* 2017 - 2022:
Enver Daniels
* 2023 - present:
Liberty Mncube
References
External links
{{Official website, https://www.comptrib.co.za/
Government agencies of South Africa
Competition regulators