THE COMPETITION TRIBUNAL Annual Presentation to Parliamentary Committee 08 November 2006

INTRODUCTION Competition policy and the Act Competition Commission Competition Tribunal Competition Appeal Court

HIGHLIGHTS 2005/2006 Since inception Tribunal has made an average 53.5 merger decisions annually 136 matters heard and 104 decision issued 101 large mergers heard in the current year 76.24% of large mergers heard within 10 days of notification

HiIGHLIGHTS 2005/2006 cont 84% of large merger decisions released on same day of hearing, 14% within 10 days of hearing 195 days spent in hearings 895 reports appeared in media monitored by Tribunal David Lewis serves as vice-chairperson of the ICN Tribunal invited to join the Competition Committee of the OECD

CASES BEFORE THE TRIBUNAL Type of Case Number heard Reasons issued Large Merger 101 94 Intermediate merger 1 Procedural 20 6 Complaints by Commission 10 Complaints by Complainant Interim Relief 3 Total 136 104

LARGE MERGERS Heard = 101 Approved without conditions = 88 Approved with conditions = 11 Prohibitions = 2

RESTRICTIVE PRACTICES Complaints referred by Commission 10 heard 10 decided Complaints by Complainants 1 heard 4 withdrawn interim relief applications 3 heard 3 decided Total decided = 12

FINES/PENALTIES IMPOSED Fines to the value of R87 625 000 were imposed because of contravention of the Act

CASES ON PROCEDURE OR POINT OF LAW Heard = 20 Decided = 19 Withdrawn = 1

MEMBERS OF THE TRIBUNAL David Lewis – Chairperson Norman Manoim – Full time member Yasmin Carrim – Full time member

MEMBERS OF THE TRIBUNAL Part time members: Marumo Moerane – Deputy Chairperson Urmila Bhoola Merle Holden Mbuyiseli Madlanga Thandi Orleyn Medi Mokuena Lawrence Reyburn

DIVISIONS OF THE TRIBUNAL Staff complement of 14 in 3 divisions Corporate Services headed by Janeen de Klerk Research Division headed by Rietsie Badenhorst Registry Division headed by Lerato Motaung