Competition Commission = Is the primary investigative body. Competition Tribunal = Is the adjudicative body of the competition authority and determines whether contraventions of the Act has taken place and the remedies to be imposed in such cases. Competition Appeal Court = Has the same authority and effect as a high court and has jurisdiction throughout the Republic. This court hears appeals and reviews of matters decided at the tribunal. DELICT In terms of competition law the applicable delictual action to enforce is the - Actio Legis Aquiliae. This action is used to claim compensation for the recovery of patrimonial damage suffered provided all the elements of delict are present and can be proved: 1. An Act 2. Wrongfulness 3. Fault 4. Damage 5. Causation In terms of the "act" element is satisfied when there has been a pursuit by 2 or more business entrepreneurs of the custom of the same clients. Actual competition is not necessary and potential competition is sufficient if on a balance of probabilities, the particular business is about to enter the market or will imminently become a competitor. The wrongfulness elements is satisfied when the right of a competitor is infringed to the goodwill of his business. This is the most contentious delictual element..
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- Spring '16
- Monopoly, Competition law, Competition Tribunal, unlawful competition, mandatory interdict