Actis PCC with respect to Berry Cell v Food Lovers Holdings (Pty) Ltd (LM169Oct15) [2016] ZACT 17 (2 March 2016)

Actis PCC with respect to Berry Cell v Food Lovers Holdings (Pty) Ltd (LM169Oct15) [2016] ZACT 17 (2 March 2016)

The Tribunal found that the proposed transaction would not result in any horizontal overlap in the relevant markets, as Actis Group does not own any investments or interests in firms involved in the retailing, franchising, or distribution of fresh produce, groceries, beverages, and food-related products in South Africa. The Commission's investigation confirmed that the transaction is unlikely to lead to a substantial prevention or lessening of competition. Furthermore, the merging parties confirmed that there would be no adverse impact on employment and no other public interest concerns were identified. Accordingly, the Tribunal approved the transaction unconditionally.

Citation
[2016] ZACT 17
Parties
Applicant: Actis 4 PCC with respect to Berry Cell; Respondent: Food Lovers Holdings (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
2 March 2016
Case Number
LM169Oct15
Procedural Posture
Merger Application / Approval
Outcome
The proposed transaction is approved unconditionally.
Judges
Norman Manoim, Medi Mokuena, Andiswa Ndoni
Legal Topics
Merger Control, Joint Control, Public Interest, Substantial Prevention or Lessening of Competition
Competition Law Commercial and Corporate Merger Control Joint Control Public Interest Substantial Prevention or Lessening of Competition

Case Brief

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Parties

Actis 4 PCC with respect to Berry Cell

Applicant

Food Lovers Holdings (Pty) Ltd

Respondent

Procedural Posture

Merger Application / Approval

Legal Issues

  1. 1 Whether the proposed acquisition of 30% of Food Lovers Holdings by Actis 4 PCC will substantially prevent or lessen competition in any relevant market.
  2. 2 Whether the transaction raises any public interest concerns, including adverse impact on employment.

Ratio Decidendi

The Tribunal found that the proposed transaction would not result in any horizontal overlap in the relevant markets, as Actis Group does not own any investments or interests in firms involved in the retailing, franchising, or distribution of fresh produce, groceries, beverages, and food-related products in South Africa. The Commission's investigation confirmed that the transaction is unlikely to lead to a substantial prevention or lessening of competition. Furthermore, the merging parties confirmed that there would be no adverse impact on employment and no other public interest concerns were identified. Accordingly, the Tribunal approved the transaction unconditionally.

Court Disposition

The proposed transaction is approved unconditionally.

Orders

  • The merger between Actis 4 PCC with respect to Berry Cell and Food Lovers Holdings (Pty) Ltd is approved without conditions.