Bachique 813 (Pty) Ltd v Tupperwave Holdings SA (LM160Nov20) [2021] ZACT 1 (6 January 2021)

Bachique 813 (Pty) Ltd v Tupperwave Holdings SA (LM160Nov20) [2021] ZACT 1 (6 January 2021)

The Tribunal found that the proposed merger between Bachique 813 (Pty) Ltd and Tupperware Holdings SA would not substantially prevent or lessen competition in any relevant market. The merging parties have minimal market shares in both the broad and narrow product markets, and there are numerous competitors who will continue to constrain the merged entity post-merger. The transaction does not raise any public interest concerns, as there are no anticipated retrenchments and only a change in senior management. Accordingly, the Tribunal unconditionally approved the merger.

Citation
[2021] ZACT 1
Parties
Applicant: Bachique 813 (Pty) Ltd; Respondent: Tupperware Holdings SA
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
6 January 2021
Case Number
LM160Nov20
Procedural Posture
Merger Control / Approval
Outcome
The merger is unconditionally approved.
Judges
M Mazwai, E Daniels, A Wessels
Legal Topics
Merger Control, Market Share Analysis, Public Interest, Horizontal Overlap
Competition Law Commercial and Corporate Merger Control Market Share Analysis Public Interest Horizontal Overlap

Case Brief

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Parties

Bachique 813 (Pty) Ltd

Applicant

Tupperware Holdings SA

Respondent

Procedural Posture

Merger Control / Approval

Legal Issues

  1. 1 Whether the proposed merger between Bachique 813 (Pty) Ltd and Tupperware Holdings SA is likely to substantially prevent or lessen competition in any relevant market.
  2. 2 Whether the transaction raises any public interest concerns under the Competition Act.

Ratio Decidendi

The Tribunal found that the proposed merger between Bachique 813 (Pty) Ltd and Tupperware Holdings SA would not substantially prevent or lessen competition in any relevant market. The merging parties have minimal market shares in both the broad and narrow product markets, and there are numerous competitors who will continue to constrain the merged entity post-merger. The transaction does not raise any public interest concerns, as there are no anticipated retrenchments and only a change in senior management. Accordingly, the Tribunal unconditionally approved the merger.

Court Disposition

The merger is unconditionally approved.

Orders

  • The proposed transaction between Bachique 813 (Pty) Ltd and Tupperware Holdings SA is unconditionally approved.
  • No conditions are imposed on the approval of the merger.