Cleansheet Investments (Pty) Ltd and Alexander Forbes Limited (109/LM/Dec06) [2007] ZACT 9 (24 January 2007)

Cleansheet Investments (Pty) Ltd and Alexander Forbes Limited (109/LM/Dec06) [2007] ZACT 9 (24 January 2007)

The Tribunal found that there is no overlap in the activities of Cleansheet Investments (Pty) Ltd and Alexander Forbes Limited. As a result, there is no need to define the relevant market or conduct a detailed competition analysis. The proposed merger is unlikely to substantially prevent or lessen competition in any market. Furthermore, there are no significant public interest issues raised by the transaction. Accordingly, the merger is approved unconditionally.

Citation
[2007] ZACT 9
Parties
Applicant: Cleansheet Investments (Pty) Ltd; Respondent: Alexander Forbes Limited
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
24 January 2007
Case Number
109/LM/Dec06
Procedural Posture
Merger Control / Merger Approval
Outcome
Merger approved unconditionally.
Judges
DH Lewis, N Manoim, Y Carrim
Legal Topics
Merger Control, Substantial Lessening of Competition, Public Interest, Market Definition
Competition Law Commercial and Corporate Merger Control Substantial Lessening of Competition Public Interest Market Definition

Case Brief

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Parties

Cleansheet Investments (Pty) Ltd

Applicant

Alexander Forbes Limited

Respondent

Procedural Posture

Merger Control / Merger Approval

Legal Issues

  1. 1 Whether the proposed merger between Cleansheet Investments (Pty) Ltd and Alexander Forbes Limited is likely to substantially prevent or lessen competition in any market.
  2. 2 Whether there are any significant public interest issues arising from the transaction.

Ratio Decidendi

The Tribunal found that there is no overlap in the activities of Cleansheet Investments (Pty) Ltd and Alexander Forbes Limited. As a result, there is no need to define the relevant market or conduct a detailed competition analysis. The proposed merger is unlikely to substantially prevent or lessen competition in any market. Furthermore, there are no significant public interest issues raised by the transaction. Accordingly, the merger is approved unconditionally.

Court Disposition

Merger approved unconditionally.

Orders

  • The merger between Cleansheet Investments (Pty) Ltd and Alexander Forbes Limited is approved unconditionally.