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We provide all South Africans equal opportunity to participate fairly in the national economy
To provide for the establishment of a Competition Commission responsible for the investigation, control and evaluation of restrictive practices, abuse of dominant position, and mergers; and for the establishment of a Competition Tribunal responsible to adjudicate such matters; and for the establishment of a Competition Appeal Court; and for related matters.
There are rules for the conduct of proceedings in the Competition Commission
In terms of section 21 (4) of the Competition Act, 1998 (Act No. 89 of 1998), as amended, The Minister of Trade and Industry, in consultation with the Competition Commission, has made the following regulations relating to the functions of the Competition Commission, to come into operation at the time that the Competition Second Amendment Act, 2000 (Act No. 39 of 2000) comes into operation.
The Tribunal was established in terms of section 26 .
he Tribunal is established in terms of section 26 of the Act and has jurisdiction throughout the Republic. It is a tribunal of record and independent from the other competition institutions. The Tribunal is headed by a chairperson appointed by the President of the Republic. In addition, the Act requires the appointment of a minimum of three and a maximum of ten Tribunal members, who are also appointed by the President and may be either full-time or part-time, depending on the recommendations of the Minister. Each member of the Tribunal, including the Chairperson, serves for a term of five years but may be re-appointed for the second term. The Chairperson may not serve for more than two consecutive terms. The Tribunals main functions are to grant exemptions, authorize or prohibit large mergers (with or without conditions) or prohibit a merger, adjudicate in relation to any conduct prohibited in terms of chapter 2 or 3 of the Act and to grant an order for costs in terms of section 57 of the Act on matters presented to it by the Commission. The Chairperson may appoint permanent staff to assist the Tribunal in carrying out its functions
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The Competition Appeal Court Rules
The Competition Appeal Court is established in terms of section 36 of the 1998 Act. It has status similar to that of a High Court. It has jurisdiction throughout the Republic and is a court of record.
The members of the Appeal Court are appointed by the State President in accordance with section 174 of the Constitution. The Act requires that at least three members must be a judge of the High Court, one of whom must be designated by the President to be the Judge President of the Competition Appeal Court. In addition, two other members, who are South African citizens, have suitable qualifications and experience in economics, law, commerce industry or public affairs; and are committed to the purposes and principles mentioned in section 2 of the Act must be appointed. A member of the Appeal Court can only be removed if he has first been removed as a judge of the High Court and proper relevant procedures had been followed.
The Competition Appeal Court may consider any appeal from, or review of, a decision of the Competition Tribunal; confirm, amend or set aside a decision or an order that is the subject of appeal or review by the Competition Tribunal; and give any judgment or make any order that the circumstances require. Finally, the Competition Appeal Court must confirm an order by the Competition Tribunal for the divestiture of assets by parties who have merged in contravention of chapter 3 of the Act.