Nampak Products Ltd v Nampak Wiegand Glass (Pty) Ltd (03/LM/Jan12) [2012] ZACT 15; [2012] 1 CPLR 157 (CT) (27 February 2012)

Nampak Products Ltd v Nampak Wiegand Glass (Pty) Ltd (03/LM/Jan12) [2012] ZACT 15; [2012] 1 CPLR 157 (CT) (27 February 2012)

The Tribunal found that there is no product overlap between the activities of the merging parties, as Nampak Limited's involvement in glass packaging is limited to its pre-merger interest in NWG. The acquisition of the remaining 50% share in NWG by Nampak Products does not alter the competitive landscape in any relevant market. Furthermore, the merging parties confirmed that there would be no adverse effect on employment and no other public interest issues arise. The Tribunal concluded that the proposed transaction is unlikely to substantially prevent or lessen competition and raises no public interest concerns. The merger was therefore approved unconditionally.

Citation
[2012] ZACT 15
Parties
Applicant: Nampak Products Limited; Respondent: Nampak Wiegand Glass (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
27 February 2012
Case Number
03/LM/Jan12
Procedural Posture
Merger Approval / Final Determination
Outcome
Merger approved unconditionally.
Judges
Andreas Wessels, Medi Mokuena, Merle Holden
Legal Topics
Merger Control, Public Interest, Market Definition
Competition Law Merger Control Public Interest Market Definition

Case Brief

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Parties

Nampak Products Limited

Applicant

Nampak Wiegand Glass (Pty) Ltd

Respondent

Procedural Posture

Merger Approval / Final Determination

Legal Issues

  1. 1 Does the proposed merger substantially prevent or lessen competition in any relevant market?
  2. 2 Does the transaction raise any public interest concerns, including adverse effects on employment?.

Ratio Decidendi

The Tribunal found that there is no product overlap between the activities of the merging parties, as Nampak Limited's involvement in glass packaging is limited to its pre-merger interest in NWG. The acquisition of the remaining 50% share in NWG by Nampak Products does not alter the competitive landscape in any relevant market. Furthermore, the merging parties confirmed that there would be no adverse effect on employment and no other public interest issues arise. The Tribunal concluded that the proposed transaction is unlikely to substantially prevent or lessen competition and raises no public interest concerns. The merger was therefore approved unconditionally.

Court Disposition

Merger approved unconditionally.

Orders

  • The proposed merger between Nampak Products Limited and Nampak Wiegand Glass (Pty) Ltd is approved without conditions.