Buffshelf 18 Trust v The 921 Properties situated in Burgersfort and Rustenburg (RSA) that are owned by subsidiaries of Impala Platinum Holdings Ltd (28/LM/Mar12) [2012] ZACT 22 (2 April 2012)

Buffshelf 18 Trust v The 921 Properties situated in Burgersfort and Rustenburg (RSA) that are owned by subsidiaries of Impala Platinum Holdings Ltd (28/LM/Mar12) [2012] ZACT 22 (2 April 2012)

The Tribunal found that the proposed merger does not change the competitive landscape of the property market, as the properties are leased exclusively to Implats' mineworkers and are not available to the general market. The transaction is unlikely to result in a substantial prevention or lessening of competition in any relevant market. No public interest concerns were identified. The merger was therefore approved unconditionally.

Citation
[2012] ZACT 22
Parties
Applicant: Buffshelf 18 Trust; Respondent: The 921 Properties situated in Burgersfort and Rustenburg (RSA) that are owned by subsidiaries of Impala Platinum Holdings Limited
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
2 April 2012
Case Number
28/LM/Mar12
Procedural Posture
Merger Application / Approval
Outcome
The merger is approved unconditionally.
Judges
Y Carrim, A Ndoni, T Madima
Legal Topics
Large Merger, Horizontal Merger, Property Market, Public Interest, Joint Control
Competition Law Large Merger Horizontal Merger Property Market Public Interest Joint Control

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Parties

Buffshelf 18 Trust

Applicant

The 921 Properties situated in Burgersfort and Rustenburg (RSA) that are owned by subsidiaries of Impala Platinum Holdings Limited

Respondent

Procedural Posture

Merger Application / Approval

Legal Issues

  1. 1 Whether the proposed merger would substantially prevent or lessen competition in any relevant market.
  2. 2 Whether any public interest concerns arise from the transaction.
  3. 3 Whether the transaction qualifies as a large merger under the Competition Act.

Ratio Decidendi

The Tribunal found that the proposed merger does not change the competitive landscape of the property market, as the properties are leased exclusively to Implats' mineworkers and are not available to the general market. The transaction is unlikely to result in a substantial prevention or lessening of competition in any relevant market. No public interest concerns were identified. The merger was therefore approved unconditionally.

Court Disposition

The merger is approved unconditionally.

Orders

  • The proposed property merger between Buffshelf 18 Trust and the 921 properties owned by subsidiaries of Impala Platinum Holdings Limited is approved unconditionally.