Competition Commission: 1999–2009 Background Note: Abstract
Competition Commission: 1999–2009 Background Note was created by John Luiz and Eulalie Metton.
The Competition Act of 1998 came into force in South Africa on 1 September 1999, and enabled the establishment of three bodies: the Competition Commission (the Commission), The Competition Tribunal (the Tribunal) and the Competition Appeal Court (CAC). The Commission’s main responsibility would be to investigate mergers and anti-competitive behaviour. Most cases would be decided in the Tribunal, while the mandate of the CAC was to review any decision of the Tribunal or consider an appeal arising from the Tribunal. The CAC was able to make judgements or give orders, including to confirm, amend or set aside a decision or order of the Competition Tribunal or remit a matter to the Tribunal for a further hearing on any appropriate terms.
This note intends to provide background information on the Competition Commission in South Africa, its mandate and how it operates. It could be used as a standalone document when discussing competition regulation in general, but is best used as background reading for the associated cases on Competition Commisssion v Phodiclinics and Competition Commission v SAA.