EOH Intelligent Infrastructure Proprietary Limited v PIA Sola SA Proprietary Limited (LM122Oct16) [2016] ZACT 115; [2017] 1 CPLR 242 (CT) (12 December 2016)

EOH Intelligent Infrastructure Proprietary Limited v PIA Sola SA Proprietary Limited (LM122Oct16) [2016] ZACT 115; [2017] 1 CPLR 242 (CT) (12 December 2016)

The Tribunal found that there is no overlap in the activities of the acquiring and target firms, as EOH is active in information technology services and PIA Solar SA is active in the provision of solar photovoltaic substructures. The Competition Commission's investigation confirmed that the merger parties operate in distinct markets and that the transaction would not raise competition law concerns. Furthermore, the merging parties and the Commission confirmed that the transaction would not negatively affect employment, and no other public interest concerns were identified. Therefore, the Tribunal concluded that the proposed merger is unlikely to substantially prevent or lessen competition...

Citation
[2016] ZACT 115
Parties
Applicant: EOH Intelligent Infrastructure Proprietary Limited; Respondent: PIA Solar SA Proprietary Limited
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
12 December 2016
Case Number
LM122Oct16
Procedural Posture
Merger Control / Approval of Large Merger
Outcome
Merger approved unconditionally.
Judges
Yasmin Carrim, Medi Mokuena, Mondo Mazwai
Legal Topics
Merger Control, Public Interest, Market Definition, Substantial Prevention or Lessening of Competition
Competition Law Merger Control Public Interest Market Definition Substantial Prevention or Lessening of Competition

Case Brief

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Parties

EOH Intelligent Infrastructure Proprietary Limited

Applicant

PIA Solar SA Proprietary Limited

Respondent

Procedural Posture

Merger Control / Approval of Large Merger

Legal Issues

  1. 1 Whether the proposed merger between EOH and PIA Solar SA is likely to substantially prevent or lessen competition in any relevant market.
  2. 2 Whether the proposed merger raises any public interest concerns, including effects on employment.

Ratio Decidendi

The Tribunal found that there is no overlap in the activities of the acquiring and target firms, as EOH is active in information technology services and PIA Solar SA is active in the provision of solar photovoltaic substructures. The Competition Commission's investigation confirmed that the merger parties operate in distinct markets and that the transaction would not raise competition law concerns. Furthermore, the merging parties and the Commission confirmed that the transaction would not negatively affect employment, and no other public interest concerns were identified. Therefore, the Tribunal concluded that the proposed merger is unlikely to substantially prevent or lessen competition...

Court Disposition

Merger approved unconditionally.

Orders

  • The large merger between EOH Intelligent Infrastructure Proprietary Limited and PIA Solar SA Proprietary Limited is approved without conditions.