Ivlyn No 2 (Pty) Ltd (2016/360925/07) v The retail letting enterprise conducted in respect of the Valley View Retail Centre (LM246Nov17) [2018] ZACT 6 (10 January 2018)

Ivlyn No 2 (Pty) Ltd (2016/360925/07) v The retail letting enterprise conducted in respect of the Valley View Retail Centre (LM246Nov17) [2018] ZACT 6 (10 January 2018)

The Tribunal found that the proposed merger between Ivlyn No 2 (Pty) Ltd and the retail letting enterprise conducted in respect of the Valley View Retail Centre would not substantially prevent or lessen competition in any relevant market. The merging parties do not compete in the same geographic market, and there are sufficient alternative retail centres nearby to constrain the merged entity post-merger. The Tribunal also found that the acquiring group's interest in Dis-Chem would not preclude other pharmacy retailers from entering the Target property. Furthermore, the merger would not have any adverse effects on employment or other public interest concerns, as neither party has employees...

Citation
[2018] ZACT 6
Parties
Applicant: Ivlyn No 2 (Pty) Ltd; Respondent: The retail letting enterprise conducted in respect of the Valley View Retail Centre
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
10 January 2018
Case Number
LM246Nov17
Procedural Posture
Merger Approval / Final Determination
Outcome
Merger approved unconditionally.
Judges
N Manoim, AW Wessels, M Mokuena
Legal Topics
Large Merger, Retail Property Market, Joint Control, Public Interest, Market Definition
Competition Law Large Merger Retail Property Market Joint Control Public Interest Market Definition

Case Brief

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Parties

Ivlyn No 2 (Pty) Ltd

Applicant

The retail letting enterprise conducted in respect of the Valley View Retail Centre

Respondent

Procedural Posture

Merger Approval / Final Determination

Legal Issues

  1. 1 Whether the proposed merger would substantially prevent or lessen competition in any relevant market.
  2. 2 Whether the merger would have any adverse effects on public interest, including employment.
  3. 3 Whether the acquiring firm's interest in Dis-Chem would constrain other pharmacy businesses from entering the Target property.

Ratio Decidendi

The Tribunal found that the proposed merger between Ivlyn No 2 (Pty) Ltd and the retail letting enterprise conducted in respect of the Valley View Retail Centre would not substantially prevent or lessen competition in any relevant market. The merging parties do not compete in the same geographic market, and there are sufficient alternative retail centres nearby to constrain the merged entity post-merger. The Tribunal also found that the acquiring group's interest in Dis-Chem would not preclude other pharmacy retailers from entering the Target property. Furthermore, the merger would not have any adverse effects on employment or other public interest concerns, as neither party has employees...

Court Disposition

Merger approved unconditionally.

Orders

  • The large merger between Ivlyn No 2 (Pty) Ltd and the retail letting enterprise conducted in respect of the Valley View Retail Centre is approved unconditionally.