Corvest 6 (Pty) Ltd and Fidelity Supercare Services Group (Pty) Ltd (72/LM/Aug05) [2005] ZACT 79 (4 November 2005)

Corvest 6 (Pty) Ltd and Fidelity Supercare Services Group (Pty) Ltd (72/LM/Aug05) [2005] ZACT 79 (4 November 2005)

The Tribunal found that the overlap in product markets between the acquiring firms and FSSG existed prior to the transaction and that the market structure would not change as a result of the merger. Consequently, the transaction would not substantially lessen or prevent competition in any relevant market. Furthermore, the transaction did not raise any public interest issues. The merger was therefore approved.

Citation
[2005] ZACT 79
Parties
Applicant: Corvest 6 (Pty) Ltd; Respondent: Fidelity Supercare Services Group (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
4 November 2005
Case Number
72/LM/Aug05
Procedural Posture
Large Merger / Approval
Outcome
Merger approved without conditions.
Judges
L Reyburn, T Orleyn, M Mokuena
Legal Topics
Large Merger Review, Market Overlap, Public Interest, Bee Participation
Competition Law Large Merger Review Market Overlap Public Interest Bee Participation

Case Brief

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Parties

Corvest 6 (Pty) Ltd

Applicant

Fidelity Supercare Services Group (Pty) Ltd

Respondent

Procedural Posture

Large Merger / Approval

Legal Issues

  1. 1 Whether the proposed merger will substantially lessen or prevent competition in any relevant product market.
  2. 2 Whether the transaction raises any public interest concerns.

Ratio Decidendi

The Tribunal found that the overlap in product markets between the acquiring firms and FSSG existed prior to the transaction and that the market structure would not change as a result of the merger. Consequently, the transaction would not substantially lessen or prevent competition in any relevant market. Furthermore, the transaction did not raise any public interest issues. The merger was therefore approved.

Court Disposition

Merger approved without conditions.

Orders

  • The large merger between Corvest 6 (Pty) Ltd and Fidelity Supercare Services Group (Pty) Ltd is approved unconditionally.