Chapter

South Africa <i>The Competition Law System and the Country’s Norms</i>

Dennis Davis and Lara Granville

in The Design of Competition Law Institutions

Published in print December 2012 | ISBN: 9780199670048
Published online January 2013 | e-ISBN: 9780191744341 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199670048.003.0007

Series: Law And Global Governance

South Africa The Competition Law System and the Country’s Norms

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This chapter discusses the history, institutional structure, mandate, procedural characteristics, and agency performance of South Africa's competition law system. South Africa has a common law legal system. Its current competition regime is just over a decade old and is based on the Competition Act 1998, which is administered by three institutions: the Competition Commission, the Competition Tribunal, and the Competition Appeal Court. The Commission is the investigative and enforcement authority with respect to complaints alleging anti-competitive conduct, which it can refer to the Tribunal for a decision. The Competition Tribunal is an administrative tribunal composed of lay members drawn from a range of disciplines (economists, lawyers, accountants, but not judges). It is considered a tribunal of record, although not a formal court. Appeals from Tribunal decisions lie to a three-judge special competition panel of the Competition Appeal Court, which is a special division of the High Court.

Keywords: Competition Act 1998; Competition Commission; Competition Tribunal; Competition Appeal Court; South Africa; common law; tribunal of record

Chapter.  30994 words. 

Subjects: Competition Law

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