Matador Bidco S.A.R.L v Compania Espanola De Petroleos, S.A.U. (LM066Jul19) [2019] ZACT 65 (28 August 2019)

Matador Bidco S.A.R.L v Compania Espanola De Petroleos, S.A.U. (LM066Jul19) [2019] ZACT 65 (28 August 2019)

The Tribunal found that the proposed transaction does not result in any horizontal or vertical overlap in South Africa, as Matador does not conduct any competing activities with CEPSA, nor do the parties operate at different levels of the same supply chain. The merging parties have no physical presence or employees in South Africa, and no job losses or union concerns arise. The transaction is unlikely to substantially prevent or lessen competition in any relevant market, and no adverse public interest issues are present. Therefore, the Tribunal unconditionally approved the transaction.

Citation
[2019] ZACT 65
Parties
Applicant: Matador Bidco S.A.R.L; Respondent: Compania Espanola De Petroleos, S.A.U.
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
28 August 2019
Case Number
LM066Jul19
Procedural Posture
Merger Control / Approval
Outcome
The merger was unconditionally approved.
Judges
Enver Daniels, Yasmin Carrim, lmraan Valodia
Legal Topics
Merger Control, Joint Control, Public Interest, Horizontal Overlap, Vertical Overlap
Competition Law Merger Control Joint Control Public Interest Horizontal Overlap Vertical Overlap

Case Brief

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Parties

Matador Bidco S.A.R.L

Applicant

Compania Espanola De Petroleos, S.A.U.

Respondent

Procedural Posture

Merger Control / Approval

Legal Issues

  1. 1 Does the proposed transaction substantially prevent or lessen competition in any relevant market in South Africa.
  2. 2 Are there any adverse public interest issues arising from the transaction, including job losses or union concerns.

Ratio Decidendi

The Tribunal found that the proposed transaction does not result in any horizontal or vertical overlap in South Africa, as Matador does not conduct any competing activities with CEPSA, nor do the parties operate at different levels of the same supply chain. The merging parties have no physical presence or employees in South Africa, and no job losses or union concerns arise. The transaction is unlikely to substantially prevent or lessen competition in any relevant market, and no adverse public interest issues are present. Therefore, the Tribunal unconditionally approved the transaction.

Court Disposition

The merger was unconditionally approved.

Orders

  • The transaction between Matador Bidco S.A.R.L and Compania Espanola De Petroleos, S.A.U. is approved without conditions.