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

Abstract

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.