The Competition Tribunal

The Competition Tribunal is an independent adjudicative body established in terms of section 26 of the competition Act, no 89 of 1998. It has jurisdiction throughout the Republic of South Africa. It exercises its functions in accordance with the Act, the Constitution and without fear, favour or prejudice.

Prior the establishment of the Act, competition matters in the economy were regulated by the old Competition Board. This board was not independent of the Minister of Trade and Industry, and only had powers on competition matters.

After 1994 there was a need to redress past inequality and access to the national economy by small businesses and those owned by previously disadvantaged persons. Historically, some firms in dominant positions had abused economic power, there was evidence of collusive practices by some enterprises, and economic wealth was held in the hands of a selective few. The new democratic post-1994 government noted its intention to review the South African competition law regime in the white paper on Reconstruction and Development (Notice 1954 of 23 November 1994).

A new framework of competition regulation was established in 1998. It is known as the Competition Act, No. 89 of 1998(Act). The Act replaced the Competition Board with three independent regulatory authorities – the Competition Commission, the Competition Tribunal and the Competition Appeal Court. It also made it compulsory for firms to notify the Competition Commission and/or the Competition Tribunal of mergers and acquisitions above a certain monetary threshold.

Below is a table of the Competition Tribunal Cases

Type Case# Parties Outcome Order Date Case File
Interlocutory Application CR217Feb18/DSC071Jul20 CC And Waco Africa and Six Others Granted 2021-13-05 Download
Consent Order CO088Jun18 CC And Toyoda Gosei Co. Limited Confirmed 2018-07-15 Download
Consent Order CO189Oct17 CC And Autoliv Inc. Confirmed 2017-11-22 Download
Settlement Agreement CR037Jun15/SA065May17 CC And Core Relocations (PTY) Ltd Confirmed 2017-06-21 Download
Settlement Agreement CR036Jun15/SA179Dec16 CC and NC Specialised Fasteners CC;CT Confirmed 2017-03-08 Download

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Email: admin@nalegal.co.za

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Principal Partner
Anthony C. Ndzabandzaba