Competition Tribunal of Papua New Guinea

Home Website Content Requirements

Common
1. LOGO

2. SLIDER IMAGES & SLIDER TEXT

 Notifications of Application for Review

 Gazettal Notifications of Appeals Panel constitution
 Flowcharts
 Recent Publications
 Recent Events and Programs
 Secretariat profile

3. COMPANY NAME

“Competition Tribunal Of PNG”

4. ADDRESS, PHONE, EMAIL, FAX, ETC

Appeals Panel Secretariat
Markets Policy Division
Department of Treasury
Level 8, The Treasury, Lamana Drive
P O Box 542, WAIGANI, NCD
Telephone: 3133530 / 3133524
E-mail: roddie_wada@treasury.gov.pg or
david_kui@treasury.gov.pg
Website: https://www.comptrib.co.za/about

5. SOCIAL MEDIA LINKS (FACEBOOK, TWITTER, LINKEDIN, G+, ETC

Facebook PNG Competition Tribunal

Twitter PNG Competition Tribunal
LinkedIn PNG Competition Tribunal
G+ PNG Competition Tribunal

6. TERMS & CONDITION

7. PRIVACY POLICY
About Us
8. ABOUT COMPANY LIKE

- Subscription/access login registration

- Facebook, Twitter, LinkedIn, G+

9. https://www.comptrib.co.za/about

Mandate and Role

The Independent Consumer and Competition Commission (ICCC) Act 2002 and the National
Information and Communication Technology Authority (NICTA) Act 2009 both provide
mandates and roles for the Appeals Panel and Panel of Experts (Competition Tribunal) to
adjudicate (arbitrate) on competition matters in Papua New Guinea. It is independent and
subject to the constitution and the law. It must be impartial and perform its functions without
fear, favour or prejudice. When a matter is referred to it in terms of the Acts the tribunal
(appeals panel) must arbitrate/adjudicate appeals from the commercial industry participants
and determine fair outcomes in the best interest of the appellants, other industry players,
competition authorities, relevant stakeholders and the PNG people.

Any further questions must be checked on the frequently asked questions (FAQs).

The ICCC and NICTA Acts set out the Appeal Panel Rules and Process for the conduct
of the arbitration proceedings. Follow the link Flow-Chart for the clear specifications of
the rules and processes.

Members - Panel of Experts

The Independent Consumer and Competition Commission Act 2002 (ICCC Act) and the
National Information and Communication Technology Act 2009 (NICT Act) provide for the
establishment of an Appeals Panel of Experts. This Appeals Panel of Experts are also known
as the Competition Tribunals in other jurisdictions. The Appeals Panel of Experts is a group
or pool of experts in competition law, economics, and/or experts in the regulated industries
like telecommunication, port services and electricity. It is also required by law that at least a
member of the Appeals Panel of Experts has international experience and not a resident of
PNG. Furthermore one member of the Appeals Panel of Experts must be appointed as Chair.

The Acts set out the appointments for the Appeals Panel of Experts which, is made by the
Head of State, acting on the advice of the ICCC Appointments Committee. The ICCC
Appointments Committee consists of the Prime Minister as the Chair, Leader of the
Opposition, the Minister of Treasury or, if the Minister is the Prime Minister, the Attorney
General and the Governor of the Central Bank.

The Chair of the Appeals Panel of Experts constitutes an “Appeals Panel” to review decisions
of the regulators (NICTA and ICCC) when the regulator’s decisions are appealed by
aggrieved parties. The Appeals Panel are either known as an “ICT Appeals Panel” for
NICTA or “ICCC Appeals Panel” for ICCC. The ICT Appeals Panel and the ICCC Appeals
Panel are both constituted from the members of the Appeals Panel of Experts mentioned
above.

Both the ICCC and NICTA Acts do not provide specific requirement for the number of
resident members of the Pane of Experts. However, Department of Treasury as a responsible
agency and in its wisdom and based on past experiences decided for the four (4) resident
members of the Panel of Experts and another four (4) non-resident members of the Panel of
Experts. Out of the resident members of the Panel of Experts, one would become the
Chairman.

The members of the Panel of Experts are appointed to serve on a full-time for a term of five
(5) year each. These members constitute the pool of experts from which the Chairperson
appoints/constitute an Appeals Panels comprising four, three, two or even a single members.
Below are the brief profiles of the Appeals Panel or Tribunal members’ names.

Chairman – Resident Panel Member

MR. MARK MARAI PUPAKA

(PROFILE)

International Arbitrator – Non Resident Panel Member

MR. ALLAN ASHER

(PROFILE)

Full-Time Panel Members

1. ELASTUS GERORO
(PROFILE)

2. WILLIE LAHARI
(PROFILE)

3. ALPHONSE MALIPU
(PROFILE)

4. Kieran Murray
(PROFILE)

5. Margaret M Cross
(PROFILE)
6. Christopher Joseph Hanlon
(PROFILE)

Staff - Appeals Panel Secretariat

The Panel of Experts are supported by a Secretariat called Appeals Panel Secretariat. The
Secretariat is currently comprised of staffs from the Markets Policy Division of the
Department of Treasury. The Secretariat provides administrative support to facilitate the
appeals/arbitration process by:

 maintaining record and document management;

 managing the case processes and assists the Appeals Panel (Tribunal) members in
their adjudicative/arbitration function by ensuring that the Tribunal adheres to
legislation in carrying out its function; and
 ensuring that Appeals Panel of Experts arbitrate the matters that come before the
Appeals Panel or Tribunal.

Frequently Asked Questions (FAQ)

Access to Information

Tribunal Disclaimers

Competition Act
Content and pdfs. The recent revised version of the below legislations are available on
file and will be provided as soft copies:

i) ICCC Act 2002

ii) NICTA Act 2009
iii) NISIT Act
iv) PPL or DPE

Tribunal Rules and Flowcharts

Content and pdfs. Tribunal or Appeals Panel Rules are set out in both ICCC and
NICTA Acts. The relevant provisions/sections will be abstracted and translated into
simple, understandable and clear document format in pdfs.

Merger Notification and Procedures

Links and pdfs. This is a purely ICCC function. However, any decisions relating to
mergers and acquisitions will come under the review of the Appeals Panel or Tribunal.
For the purpose of the web content, it will have it on the web but will be linked to ICCC
for further and detail information.
Tribunal Forms
PDF and their purpose. No forms have been used and available. However, both electronic
and paper forms will be created.

Decisions
Sample Cases with details. Documents of previous cases and decisions by Appeals Panel
are available on file.

Publications
Sample PDFs with details. Below are information that should be published:

 ‘Applications of review’ filed/lodged by aggrieved parties.

 Gazettal Notice of Appeals Panel Members constitution on previous matters.
 Outcome of review – determinations/decisions – of the appeals panel
 Events/Programs

Publications of these information would

National Centralized Supplier Database

Content. To be decided.