Bank of America Corpoaration and Another v Dywidag Systems International (Pty) Ltd (93/LM/DEC09) [2010] ZACT 16 (25 February 2010)

Bank of America Corpoaration and Another v Dywidag Systems International (Pty) Ltd (93/LM/DEC09) [2010] ZACT 16 (25 February 2010)

The Tribunal found that the relevant market is the manufacture and supply of mining products in South Africa. The acquiring firms, Bank of America and Barclays, are not active in this market, and there is no overlap in the products or services supplied by the merging parties. Consequently, the transaction does not...

Source-derived case information.

Citation
[2010] ZACT 16
Parties
Applicant: Bank of America Corporation; Applicant: Barclays Bank Plc; Respondent: Dywidag Systems International (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
25 February 2010
Case Number
93/LM/DEC09
Procedural Posture
Merger Control / Approval
Outcome
Merger approved without conditions.
Judges
N Manoim, Y Carrim, M Mokuena
Legal Topics
Merger Control, Joint Control, Public Interest, Market Definition
Competition Law Commercial and Corporate Merger Control Joint Control Public Interest Market Definition

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Parties

Bank of America Corporation

Applicant

Barclays Bank Plc

Applicant

Dywidag Systems International (Pty) Ltd

Respondent

Procedural Posture

Merger Control / Approval

Legal Issues

  1. 1 Whether the proposed merger between Bank of America Corporation, Barclays Bank Plc, and Dywidag Systems International (Pty) Ltd will substantially prevent or lessen competition in the relevant market.
  2. 2 Whether there are any significant public interest concerns arising from the transaction.

Ratio Decidendi

The Tribunal found that the relevant market is the manufacture and supply of mining products in South Africa. The acquiring firms, Bank of America and Barclays, are not active in this market, and there is no overlap in the products or services supplied by the merging parties. Consequently, the transaction does not raise competition concerns. Furthermore, there are no significant public interest issues identified. The Tribunal therefore approved the merger as it does not substantially prevent or lessen competition nor negatively affect public interest.

Court Disposition

Merger approved without conditions.

Orders

  • The merger between Bank of America Corporation, Barclays Bank Plc, and Dywidag Systems International (Pty) Ltd is approved.
  • No conditions are attached to the approval.