CASE TYPES

MERGERS (LARGE, SMALL AND INTERMEDIATE) IN TERMS OF SECTIONS 14(A) AND 16(1)
With all small and intermediate mergers the Competition Commission is mandated to investigate and make decisions. Merging parties may appeal to the Competition Tribunal to reconsider the Competition Commission’s decision to prohibit or conditionally approve a small or intermediate merger. With regard to large mergers, the Competition Commission will first conduct an investigation before making a recommendation to the Competition Tribunal. The Competition Tribunal then adjudicates on the matter and makes a decision.

COMPLAINT REFERRAL IN TERMS OF SECTIONS 50 & 51

Complaints against an alleged prohibited practice (the Act Chapter 2, part A and B) are filed with, and investigated by, the Competition Commission. The Competition Commission can initiate its own complaint and at any time, after initiating a complaint, the Competition Commission can decide to refer it to the Tribunal for adjudication. The Competition Commission can also investigate complaints lodged by private parties. In such a matter the Competition Commission can either refer the matter to the Competition Tribunal or issue a non-referral certificate. In the case of a non-referral, a complainant can bring the case directly to the Competition Tribunal for adjudication.

CONSENT ORDERS/SETTLEMENT AGREEMENTS IN TERMS OF SECTIONS 49(D) AND 58(1)(b)
Parties who have infringed the Act can elect to settle with the Competition Commission at any time during the investigation or after the matter has been referred to the Competition Tribunal. When these agreements are confirmed by the Competition Tribunal they are referred to as consent orders.

INTERIM RELIEF IN TERMS OF SECTION 49C

In prohibited practice cases, private parties may approach the Competition Tribunal to request interim relief after a complaint has been filed with the Competition Commission.

EXEMPTION APPEAL PROCEEDINGS IN TERMS OF SECTION 10(8)

A firm can apply to the Competition Commission to exempt an agreement or practice from the application of this Act.

OTHER APPEALS, REVIEWS, VARIATIONS OR ENFORCEMENT PROCEEDINGS IN TERMS OF SECTION 27

Procedures relate to the initiation, hearing and outcome of matters before the Competition Tribunal.

In prohibited practice cases, the Competition Commission investigates and may - when it so determines - refer such matters to the Competition Tribunal for adjudication.

The Competition Tribunal will accept direct referrals from members of the public under the following conditions.

• If the Competition Commission does not refer a matter brought by a member of the public to the Competition Tribunal, the Competition Commission will issue a certificate of non-referral, and the member of the public can bring the case directly to the Competition Tribunal.
• When a High Court refers a matter to the Competition Tribunal because a competition issue has been raised by parties to a matter before that court.