K2022341645 (South Africa) Proprietary Limited v Five Properties in the Live Easy Portfolio (LM013Apr22) [2022] ZACT 24 (2 August 2022)

K2022341645 (South Africa) Proprietary Limited v Five Properties in the Live Easy Portfolio (LM013Apr22) [2022] ZACT 24 (2 August 2022)

The Tribunal found that the proposed merger does not give rise to any overlap in the relevant market, as BidCo and its controllers have no investments in competing firms. There is no evidence of a substantial prevention or lessening of competition. The merging parties provided assurances that no retrenchments would...

Source-derived case information.

Citation
[2022] ZACT 24
Parties
Applicant: K2022341645 (South Africa) Proprietary Limited; Respondent: Five Properties in the Live Easy Portfolio; Respondent: Competition Commission
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
2 August 2022
Case Number
LM013Apr22
Procedural Posture
Large Merger / Merger Approval
Outcome
Merger unconditionally approved.
Judges
Liberty Mncube, Yasmin Carrim, Thando Vilakazi
Legal Topics
Large Merger Review, Substantial Prevention or Lessening of Competition, Public Interest Considerations, Hdp Ownership, Employment Effects
Competition Law Large Merger Review Substantial Prevention or Lessening of Competition Public Interest Considerations Hdp Ownership Employment Effects

Source-derived case record

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

K2022341645 (South Africa) Proprietary Limited

Applicant

Five Properties in the Live Easy Portfolio

Respondent

Competition Commission

Respondent

Procedural Posture

Large Merger / Merger Approval

Legal Issues

  1. 1 Whether the proposed merger will substantially prevent or lessen competition in any relevant market.
  2. 2 Whether the proposed merger raises any public interest concerns, including employment and HDP ownership.

Ratio Decidendi

The Tribunal found that the proposed merger does not give rise to any overlap in the relevant market, as BidCo and its controllers have no investments in competing firms. There is no evidence of a substantial prevention or lessening of competition. The merging parties provided assurances that no retrenchments would occur, and employee representatives confirmed no concerns. The transaction results in increased HDP ownership, which is a positive public interest outcome. Accordingly, the Tribunal concluded that the merger is unlikely to substantially prevent or lessen competition and does not raise any public interest concerns.

Court Disposition

Merger unconditionally approved.

Orders

  • The large merger between K2022341645 (South Africa) Proprietary Limited and Five Properties in the Live Easy Portfolio is unconditionally approved.