Clidet No 907 (Pty) Ltd v Boxmore Plastics International (Pty) Ltd (44/LM/May09) [2009] ZACT 54 (2 September 2009)

Clidet No 907 (Pty) Ltd v Boxmore Plastics International (Pty) Ltd (44/LM/May09) [2009] ZACT 54 (2 September 2009)

The Tribunal found that there is no overlap in the activities of the merging parties, as neither PIH nor Investec have any interest in firms involved in the manufacture of PET packaging. Consequently, the transaction is unlikely to result in a substantial lessening or prevention of competition in any market. Furthermore, the transaction does not raise any significant public interest concerns. The Tribunal therefore approved the merger.

Citation
[2009] ZACT 54
Parties
Applicant: Clidet No 907 (Pty) Ltd; Respondent: Boxmore Plastics International (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
2 September 2009
Case Number
44/LM/May09
Procedural Posture
Merger Control / Tribunal Approval of Merger
Outcome
Merger approved without conditions.
Judges
Y Carrim, U Bhoola, M Mokuena
Legal Topics
Merger Control, Substantial Lessening of Competition, Public Interest, Joint Control, Minority Protections
Competition Law Merger Control Substantial Lessening of Competition Public Interest Joint Control Minority Protections

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

Clidet No 907 (Pty) Ltd

Applicant

Boxmore Plastics International (Pty) Ltd

Respondent

Procedural Posture

Merger Control / Tribunal Approval of Merger

Legal Issues

  1. 1 Whether the proposed acquisition would result in a substantial lessening or prevention of 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 neither PIH nor Investec have any interest in firms involved in the manufacture of PET packaging. Consequently, the transaction is unlikely to result in a substantial lessening or prevention of competition in any market. Furthermore, the transaction does not raise any significant public interest concerns. The Tribunal therefore approved the merger.

Court Disposition

Merger approved without conditions.

Orders

  • The acquisition by Clidet No 907 (Pty) Ltd of Boxmore Plastics International (Pty) Ltd is approved.
  • No conditions are attached to the approval.