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South Africa Judgment

Competition Tribunal

Firstrand Bank Limited v Kulula Air (Pty) Ltd (LM089Oct21) [2021] ZACT 103 (7 December 2021)

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01

Holding and result

The Tribunal found that the proposed acquisition of the Slow Lounge business by FirstRand Bank Limited from Kulula Air (Pty) Ltd does not substantially prevent or lessen competition in the market for airport lounge services. The transaction does not raise any significant public interest concerns. The Tribunal concluded that the merger should be approved without conditions.

Court disposition

Merger approved unconditionally.

Orders

  • The large merger between FirstRand Bank Limited and Kulula Air (Pty) Ltd is approved without conditions.

02

Material facts

Parties

Firstrand Bank Limited

Applicant

Kulula Air (Pty) Ltd

Respondent

03

Procedural history

  1. Posture

    Merger Control / Tribunal Decision

04

Questions and positions

Legal issues

Party arguments

Applicant
FirstRand Bank Limited submitted that the acquisition of the Slow Lounge business would not substantially prevent or lessen competition in the relevant market for airport lounge services. The applicant argued that the transaction would not result in any negative public interest effects and that the relevant market is competitive with several alternative providers.
Respondent
Kulula Air (Pty) Ltd did not oppose the merger and confirmed that the transaction would not negatively affect competition or public interest. The respondent supported the unconditional approval of the merger.

05

Court’s reasoning

  1. 01

    Competition Act 89 of 1998

    A merger may be approved unconditionally if it does not substantially prevent or lessen competition and does not raise significant public interest concerns.

  2. 02

    Competition Act 89 of 1998

    The assessment of a large merger requires consideration of market structure, potential anti-competitive effects, and public interest factors.

06

Ratio, limits and disposition

Ratio decidendi

The Tribunal found that the proposed acquisition of the Slow Lounge business by FirstRand Bank Limited from Kulula Air (Pty) Ltd does not substantially prevent or lessen competition in the market for airport lounge services. The transaction does not raise any significant public interest concerns. The Tribunal concluded that the merger should be approved without conditions.

Obiter and limits

  • The Tribunal noted that the airport lounge market remains competitive and that the transaction is unlikely to result in foreclosure of competitors.
  • The Tribunal observed that the merger may enhance consumer choice and service quality in airport lounges.

Court disposition

Merger approved unconditionally.

  • The large merger between FirstRand Bank Limited and Kulula Air (Pty) Ltd is approved without conditions.

Source and reliance status

Competition Tribunal

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Judgment text

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Source document

Competition Tribunal

Judgment

[2021] ZACT 103

Merger Alert

Date of release: 7 December 2021

OUTCOME

OF MERGER DECIDED BY THE TRIBUNAL

Type of matter Tribunal decision

Parties involved FirstRand Bank Limited And Kulula Air (Pty) Ltd

Large merger Approved without conditions

FirstRand Bank Limited And Kulula Air (Pty) Ltd

The Tribunal has unconditionally approved the large merger whereby FirstRand Bank Limited ("FRB") intends to acquire control

over the airport lounges (the “Slow Lounge”) business of Kulula Air (Pty) Ltd (“Kulula Air”), a wholly owned subsidiary of Comair Limited (“Comair”).

The FirstRand Group is a financial services provider in South Africa licensed by the South African Reserve Bank. The FirstRand Group

offers a universal set of transactional, lending, investment and insurance products and services.

Kulula Air owns and operates the “SLOW” and “SLOW XS” branded airport lounges at OR Tambo International Airport, King Shaka International Airport, Cape Town International Airport and Lanseria International Airport. The Slow Lounges are airport lounges fitted, furnished and operated by Kulula Air with space rented from Airports Company South Africa (“ACSA”).

Issued by:

Gillian de Gouveia, Communications Officer

On behalf of the Competition Tribunal of South Africa

Cell: +27 (0) 82 410 1195

E-Mail: GillianD@comptrib.co.za

Twitter: @comptrib

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Competition Act 89 of 1998

Legislation

Legislation referenced in the available case record.

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