Business Venture Investments No. 1145 (Pty) Ltd and Nkomazi Wilderness (100/LM/Sep07) [2007] ZACT 86 (8 November 2007)

Business Venture Investments No. 1145 (Pty) Ltd and Nkomazi Wilderness (100/LM/Sep07) [2007] ZACT 86 (8 November 2007)

The Tribunal found that there is no overlap in the activities of the merging parties, as Leisurecorp and its group of companies do not have any interests in the game reserve business in South Africa. The effect of the transaction is a change in control of Nkomazi, which will now be jointly controlled by Leisurecorp and Cradle of Life Investments. The Tribunal concluded that the merger is unlikely to lead to a substantial lessening or prevention of competition in any market. Furthermore, the transaction does not raise any significant public interest issues. Accordingly, the merger was approved without conditions.

Citation
[2007] ZACT 86
Parties
Applicant: Business Venture Investments NO.1145 (Pty) Ltd; Respondent: Nkomazi Wilderness
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
8 November 2007
Case Number
100/LM/Sep07
Procedural Posture
Merger Approval / Final Decision
Outcome
Merger approved without conditions.
Judges
D Lewis, N Manoim, U Bhoola
Legal Topics
Merger Control, Substantial Lessening of Competition, Public Interest, Market Definition
Competition Law Merger Control Substantial Lessening of Competition Public Interest Market Definition

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Parties

Business Venture Investments NO.1145 (Pty) Ltd

Applicant

Nkomazi Wilderness

Respondent

Procedural Posture

Merger Approval / Final Decision

Legal Issues

  1. 1 Whether the proposed merger between Business Venture Investments NO.1145 (Pty) Ltd and Nkomazi Wilderness is likely to substantially lessen or prevent competition in any market.
  2. 2 Whether the transaction raises any significant public interest concerns.

Ratio Decidendi

The Tribunal found that there is no overlap in the activities of the merging parties, as Leisurecorp and its group of companies do not have any interests in the game reserve business in South Africa. The effect of the transaction is a change in control of Nkomazi, which will now be jointly controlled by Leisurecorp and Cradle of Life Investments. The Tribunal concluded that the merger is unlikely to lead to a substantial lessening or prevention of competition in any market. Furthermore, the transaction does not raise any significant public interest issues. Accordingly, the merger was approved without conditions.

Court Disposition

Merger approved without conditions.

Orders

  • The merger between Business Venture Investments NO.1145 (Pty) Ltd and Nkomazi Wilderness is approved without conditions.