Barloworld Transport (Pty) Ltd v Aspen Logistic Services (Pty) Ltd (LM157Oct15) [2015] ZACT 129 (22 December 2015)

Barloworld Transport (Pty) Ltd v Aspen Logistic Services (Pty) Ltd (LM157Oct15) [2015] ZACT 129 (22 December 2015)

The Tribunal found that the proposed transaction between Barloworld Transport and Aspen Logistic Services would not result in a substantial prevention or lessening of competition in any relevant market. The market share accretion was negligible, and the merging parties would remain constrained by larger competitors. Furthermore, the transaction would not have any adverse impact on employment or raise other public interest concerns. Accordingly, the Tribunal approved the merger unconditionally.

Citation
[2015] ZACT 129
Parties
Applicant: Barloworld Transport (Pty) Ltd; Respondent: Aspen Logistic Services (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
22 December 2015
Case Number
LM157Oct15
Procedural Posture
Merger Review / Approval
Outcome
Merger approved unconditionally.
Judges
Norman Manoim, Anton Roskam, Andiswa Ndoni
Legal Topics
Merger Control, Market Share Accretion, Public Interest, Horizontal Overlap
Competition Law Merger Control Market Share Accretion Public Interest Horizontal Overlap

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

Barloworld Transport (Pty) Ltd

Applicant

Aspen Logistic Services (Pty) Ltd

Respondent

Procedural Posture

Merger Review / Approval

Legal Issues

  1. 1 Whether the proposed merger between Barloworld Transport and Aspen Logistic Services is likely to 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 between Barloworld Transport and Aspen Logistic Services would not result in a substantial prevention or lessening of competition in any relevant market. The market share accretion was negligible, and the merging parties would remain constrained by larger competitors. Furthermore, the transaction would not have any adverse impact on employment or raise other public interest concerns. Accordingly, the Tribunal approved the merger unconditionally.

Court Disposition

Merger approved unconditionally.

Orders

  • The proposed transaction between Barloworld Transport (Pty) Ltd and Aspen Logistic Services (Pty) Ltd is approved without conditions.