Frequently Asked Questions (FAQ)
What rules govern the proceedings before the Tribunal?
The governing rules are the Competition Tribunal Rules
What is the difference between the Competition Tribunal and the Competition Commission?
The Competition Commission is the investigative body of the competition authorities and the Competition Tribunal is the adjudicative body. The Commission investigates and refers restrictive business practices, abuse of dominance cases and large mergers to the Competition Tribunal for adjudication. The Commission can adjudicate on intermediate and small mergers.
How can I obtain copies of Competition Tribunal reasons?
Public versions of all reasons for decisions in cases decided by the Tribunal are available on the Tribunal website.
Where can I find or get a copy of a document that is not on the website?
For any other document a request must be sent to the Registrar who will provide a non-confidential version of the document.
How can I get transcripts of hearings?
All hearing transcripts may be requested through the Registrar.
Who can file an application with the Tribunal?
The Competition Commissioner as well as private parties.
How do I file a complaint referral as a private party?
After the Commission has issued a notice of non referral, a party that wishes to pursue the matter before the Tribunal has to bring the complaint referral before the Tribunal within 20 business days of the notice of non-referral. One thing to take note of is that once the Commission non refers a matter, the party that pursues that complaint before the Tribunal will be liable for costs of the other party should it lose that case.
The complaint referral must be on a Form CT1(2), with an affidavit and supporting documents. It must be served on all the respondents and the Commission. A filing fee of R100-00 must accompany the complaint referral.
Refer to Rules 14-24 of the Competition Tribunal Rules.
How do I file an application for interim relief?
After lodging a complaint with the Commission, a party can bring an application for interim relief to the Tribunal. A private party cannot bring an application for interim relief when it has not filed a complaint with the Commission.
The application for interim relief must be served on all the respondents and the Commission. It must be on a Form CT6, with an affidavit and supporting documents. A filing fee of R100-00 must accompany the application.
Refer to Rules 26-28 of the Competition Tribunal Rules.
How do I intervene in a case before the Tribunal?
Any person who has a material interest in the relevant matter may apply to intervene in the Tribunal proceedings by filing a notice of motion in Form CT6 which must include a concise statement of the nature of the person’s interest in the proceedings. The application to intervene must be served on all parties in the proceedings.
Do I need a lawyer to represent me?
The Tribunal proceedings are quite informal and private parties can represent themselves should they wish to. However, since this area of law is complex it is advisable to have a lawyer who is familiar with competition law.
Where can I find information on the status of cases?
For any information regarding ongoing cases kindly contact the Registrar.
Can I attend a hearing before the Tribunal?
All hearings are open to the public; however, on occasion, due to the sensitive or confidential nature of testimony, the hearing or part thereof may be held “in camera”, which means that for a certain period of time members of the public are excluded.
Will my confidential business information be protected?
Any confidential information that is brought before the Tribunal must be indicated as such on a Form CC7. Confidential information is never released to the public unless the party who filed it consents to it.
Where are the hearings held?
All Tribunal hearings are held at Block C, the dti Campus, Sunnyside, Pretoria, but may also be held elsewhere, if necessary.
How many members are assigned to hear a case?
All matters are heard by a panel of three members. Prehearings are mostly heard by one member.
How long does it take for a decision to be rendered?
This varies on a case-by-case basis depending on the complexity of the case and the material presented during the case. The Tribunal strives to issue its decisions in a timely manner.
If I am not satisfied with the Tribunal's decision, what are my options?
An appeal to a large merger, complaint and interlocutory decision by the Tribunal may be filed with the Competition Appeal Court.
If I lose a case will I have to pay the other party’s costs?
Should the Tribunal award a costs order to the winner, then the loser will have to pay the costs.
Where does the money paid as administrative penalty go?
According to the Act, the fines are paid to the Commission which in turns pays the fines over to the National Revenue Fund.
Examples of different applications properly filed with the Tribunal: