Aker Horizons AS v Mainstream Renewables Power Ltd (LM192Feb21) [2021] ZACT 20 (26 February 2021)

Aker Horizons AS v Mainstream Renewables Power Ltd (LM192Feb21) [2021] ZACT 20 (26 February 2021)

The Tribunal found that the proposed merger between Aker Horizons AS and Mainstream Renewables Power Ltd would not result in any substantial prevention or lessening of competition in any relevant market in South Africa. The acquiring firm has no activities or employees in South Africa, and the target firm's employees were notified with no concerns raised. There are no horizontal or vertical overlaps between the parties in South Africa, and no third party raised any objections. The merger does not negatively affect the public interest, including employment. Accordingly, the Tribunal approved the merger unconditionally.

Citation
[2021] ZACT 20
Parties
Applicant: Aker Horizons AS; Respondent: Mainstream Renewables Power Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
26 February 2021
Case Number
LM192Feb21
Procedural Posture
Merger Application / Decision on Approval
Outcome
Merger unconditionally approved.
Judges
Enver Daniels, Mondo Mazwai, Andreas Wessel
Legal Topics
Large Merger, Public Interest Assessment, Horizontal and Vertical Overlap, Renewable Energy Sector
Competition Law Large Merger Public Interest Assessment Horizontal and Vertical Overlap Renewable Energy Sector

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Aker Horizons AS

Applicant

Mainstream Renewables Power Ltd

Respondent

Procedural Posture

Merger Application / Decision on Approval

Legal Issues

  1. 1 Whether the proposed merger will substantially prevent or lessen competition in any relevant market in South Africa.
  2. 2 Whether the merger will have any negative effect on the public interest, including employment.

Ratio Decidendi

The Tribunal found that the proposed merger between Aker Horizons AS and Mainstream Renewables Power Ltd would not result in any substantial prevention or lessening of competition in any relevant market in South Africa. The acquiring firm has no activities or employees in South Africa, and the target firm's employees were notified with no concerns raised. There are no horizontal or vertical overlaps between the parties in South Africa, and no third party raised any objections. The merger does not negatively affect the public interest, including employment. Accordingly, the Tribunal approved the merger unconditionally.

Court Disposition

Merger unconditionally approved.

Orders

  • The large merger between Aker Horizons AS and Mainstream Renewables Power Ltd is approved without conditions.