1 / 12

Competition Tribunal

Competition Tribunal. Parliamentary Portfolio Committee Trade & Industry 15 October 2002 David Lewis, Chairperson. Competition Act of 1998. The Competition Act regulates: Anti-competitive practices (Ch. 2) Horizontal Vertical Abuse of dominance Exemptions Mergers & acquisitions (Ch. 3)

baby
Télécharger la présentation

Competition Tribunal

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Competition Tribunal Parliamentary Portfolio Committee Trade & Industry 15 October 2002 David Lewis, Chairperson

  2. Competition Act of 1998 The Competition Act regulates: • Anti-competitive practices (Ch. 2) • Horizontal • Vertical • Abuse of dominance • Exemptions • Mergers & acquisitions (Ch. 3) • Small; • Intermediate; and • Large mergers http://www.comptrib.co.za

  3. The Competition Authorities F I RMS/ COMPLA I NANTS Appeal and review of Tribunal decisions Appeal Court Appeal of Commission decision on exemptions and intermediate merger • Direct complaint when Commission has non-referred • Application for interim relief • Tribunal Appeal of Tribunal decisions Referral of complaints and large mergers Commission Complaint Merger notification Exemption application http://www.comptrib.co.za

  4. Tribunal Mandate Independent and impartial body which adjudicates: • Alleged restrictive practices, referred by: • Competition Commission and/or • Private complainants • Large mergers • Appeals on decisions of the Competition Commission, w.r.t. • intermediate mergers • exemptions http://www.comptrib.co.za

  5. Mergers I • Period 2000/2 • 77 Large mergers decided • 67 unconditionally approved; • 7 approved with conditions, • 3 prohibited http://www.comptrib.co.za

  6. Mergers II • Turnaround time of Tribunal orders: • 53 of 77 Large Mergers orders (69%) issued on day of hearing • only 4 more than 1 week http://www.comptrib.co.za

  7. Mergers III • Merger types • Horizontal; • Vertical; and • Conglomerate http://www.comptrib.co.za

  8. Mergers IV • Substantial lessening of competition • JD Group – Ellerine merger • Tongaat Hulett – Transvaal Suiker Beperk merger • Schumann Sasol - Price’s Daelite • Mondi - Kohler Cores & Tubes • Astral - Natchicks • Unilever - Unifoods • Naspers - Educor http://www.comptrib.co.za

  9. Mergers V Public interest considerations • Black Economic Empowerment • Shell - Tepco Petroleum merger • Regional impact • Iscor - Saldhana Steel merger • Employment • Unilever – Unifoods merger http://www.comptrib.co.za

  10. Restrictive Practices I • Period 2000/2: • Complaints, total 29 cases • 7 decided, 3 withdrawn, • 19 pending (due to interlocutory proceedings, technicalities, appeals) • Competition Commission referrals: 17, • Direct referrals: 12 • Interim relief, total 20 cases • 4 dismissed, 2 granted • 10 withdrawn, 4 pending http://www.comptrib.co.za

  11. Restrictive practices II • Horizontal • Botash vs Ansac • Vertical • CC vs Federal Mogul Aftermarket • Abuse • CC vs Patensie Sitrus • Nat. Ass. of Pharmaceutical wholesalers et al vs Glaxo Wellcome • CC vs Seven Eleven Corporation • SA Fruit Terminals vs Portnet, Cape Span et al http://www.comptrib.co.za

  12. Challenges • Efficiency of hearings • Quality of adjudication • Communication of decisions http://www.comptrib.co.za

More Related