ALA Fellow Competition Tribunal Experience

Pictured on my first Friday at the Competition Tribunal

The Competition Tribunal of South Africa (“The Tribunal”) is an independent adjudicative body established in terms of section 26 of the Competition Act, No 89 of 1998. The Tribunal has jurisdiction to, amongst other things: a) prohibit or approve (with or without conditions) large mergers after consideration of the Commission’s recommendation; b) prohibit or approve (with or without conditions) intermediate mergers decided by the Commission and brought to it for consideration; c) adjudicate matters in relation to any conduct prohibited in terms of chapters 2 or 3 of the Act (cartels and abuse of dominance cases); d) adjudicate interim relief applications; e) determine appeals arising from market inquiries; f) consider consent agreements; and g) grant an order for costs in terms of section 57 of the Act.

On 27 October 2025, I embarked on a two-week job shadowing opportunity with the Tribunal, courtesy of the African Lawyers Alliance. I sat in the Tribunal to observe and ultimately assist on various matters that were referred to the Tribunal by the Competition Commission. On the first week of my job shadowing, I attended a hearing in a matter between the Competition Commission of South Africa v Fraser Alexander (Pty) Ltd and Paragon Tailings (Pty) Ltd (“The Respondents”). This was a complaint referred to the Tribunal by the Competition Commission for an order declaring that the Respondents have contravened with Section 4(1)(b)(iii) of the Competition Act (This section deals with prohibited practices, specifically, Collusive Tendering). This collusive tendering hearing was set down for a week. Upon two days of the hearing the matter was adjourned earlier than anticipated and was to proceed further on the dates agreed between the parties.

 Due to the early adjournment of this hearing, I was privity to another hearing on the following day, this time virtual. This was a matter between Safripol (Pty) Ltd v Sasol South Africa Limited and The Competition Commission of South Africa. In this hearing, Safripol (Pty) Ltd sought interim relief pending the finalization of the investigation by the Competition Commission.

Apart from the hearings that were sat-down for during my time at Tribunal, I was also privity to a matter that was set down for Wednesday the 12^th of November 2025, a matter between Continental Cash and Carry v Johnson & Johnson (Pty) Ltd, this is an interim relief hearing brought on the basis of price discrimination.

Being at the Tribunal exposed me to Competition Law, a field of law I had never been privity to, however, I also saw an integration of Civil litigation and the administration of Competition law matters. This was clearly shown in an Interlocutory application that was brought before the Tribunal. This interlocutory application was brought in terms of Rule 30 of the Uniform Rules of Court, and the order sought was that an amended Notice of Motion must be set aside as due process for the amendment of pleadings in terms of Rule 28 of the Uniform Rules of Court was not followed. In this matter, it became apparent that where the Tribunal rules do not provide for a process to be followed, the Uniform Rules of Court are applicable. I was also privity to various intervention applications that were brought amid large merger proceedings.

A nervous but exciting first day.

I got an opportunity to work with various Senior Case Managers and Case Managers who were assigned with large mergers. I was exposed to how larger mergers are referred to the Tribunal by the Competition Commission, how the large merger is brought to the attention of the Head Case Manager then allocated to the case managers and eventually to the Panel members of the Tribunal. I was also exposed to the various timelines that must be adhered to from the issuing of the large merger to the point that the reasons for the approval, approval with conditions or prohibition of the large merger are published to the public.

Through my exposure to various large merger reports that are referred to the Tribunal by the Competition Commission, I got an overview of the considerations that are taken into before a decision on whether a merger should be approved.

Working with the Competition Tribunal has been nothing short of amazing.  The highlight of this experience was working with a dynamic team of case managers and senior case managers who are young, vibrant, hardworking, inquisitive and extremely intelligent. The environment provides for so much growth and room to learn, whilst creating a space that promotes teamwork and engagement. Although every single case that is referred to the Tribunal deals specifically with Competition Law, one dabbles with other various fields of law and also be exposed to the economic state of the country.

By Tshianzi Madzivhandila

Tshianzi is part of the first cohort of African Lawyers Alliance Fellows.