Main Street 1514 (Pty) Ltd v Mancosa (Pty) Ltd and Another (LM072Jun17) [2017] ZACT 54 (10 August 2017)

Main Street 1514 (Pty) Ltd v Mancosa (Pty) Ltd and Another (LM072Jun17) [2017] ZACT 54 (10 August 2017)

The Tribunal found that although there is a broad horizontal overlap in the provision of tertiary education services, the Actis Group does not operate in South Africa, and thus there is no geographical overlap. The merger will not negatively affect employment or raise other public interest concerns. Consequently, the merger is unlikely to substantially prevent or lessen competition in any relevant market and is approved unconditionally.

Citation
[2017] ZACT 54
Parties
Applicant: Main Street 1514 (Pty) Ltd; Respondent: Mancosa (Pty) Ltd; Respondent: Regent Business School (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
10 August 2017
Case Number
LM072Jun17
Procedural Posture
Merger Application / Approval
Outcome
Merger approved unconditionally.
Judges
AW Wessels, Medi Mokuena, Yasmin Carrim
Legal Topics
Merger Control, Public Interest, Horizontal Overlap
Competition Law Merger Control Public Interest Horizontal Overlap

Case Brief

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Parties

Main Street 1514 (Pty) Ltd

Applicant

Mancosa (Pty) Ltd

Respondent

Regent Business School (Pty) Ltd

Respondent

Procedural Posture

Merger Application / Approval

Legal Issues

  1. 1 Whether the proposed merger is likely to substantially prevent or lessen competition in any relevant market in South Africa.
  2. 2 Whether the proposed merger raises any public interest concerns, including employment effects.

Ratio Decidendi

The Tribunal found that although there is a broad horizontal overlap in the provision of tertiary education services, the Actis Group does not operate in South Africa, and thus there is no geographical overlap. The merger will not negatively affect employment or raise other public interest concerns. Consequently, the merger is unlikely to substantially prevent or lessen competition in any relevant market and is approved unconditionally.

Court Disposition

Merger approved unconditionally.

Orders

  • The proposed transaction is approved unconditionally.