Pangbourne Properties Limited and Portion 118 of the farm Vogelfontein No.84 (99/LM/SEP07) [2007] ZACT 101 (11 December 2007)

Pangbourne Properties Limited and Portion 118 of the farm Vogelfontein No.84 (99/LM/SEP07) [2007] ZACT 101 (11 December 2007)

The Tribunal found that the post-merger market share of Pangbourne in the Boksburg East node for light industrial properties would be 4.96%, which is insignificant and does not raise competition concerns. The transaction does not substantially prevent or lessen competition in the relevant market, and there are no significant public interest concerns. Therefore, the merger was unconditionally approved.

Citation
[2007] ZACT 101
Parties
Applicant: Pangbourne Properties Limited; Respondent: Portion 118 of the Farm Vogelfontein No. 84; Respondent: Friedshelf 221 (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
11 December 2007
Case Number
99/LM/SEP07
Procedural Posture
Merger Application / Decision on Approval
Outcome
The merger is unconditionally approved.
Judges
DH Lewis, N Manoim, U Bhoola
Legal Topics
Property Merger, Market Definition, Market Share Analysis, Public Interest Evaluation
Competition Law Property Merger Market Definition Market Share Analysis Public Interest Evaluation

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Parties

Pangbourne Properties Limited

Applicant

Portion 118 of the Farm Vogelfontein No. 84

Respondent

Friedshelf 221 (Pty) Ltd

Respondent

Procedural Posture

Merger Application / Decision on Approval

Legal Issues

  1. 1 Whether the proposed merger will substantially prevent or lessen competition in the relevant property market.
  2. 2 Whether there are any significant public interest concerns arising from the transaction.

Ratio Decidendi

The Tribunal found that the post-merger market share of Pangbourne in the Boksburg East node for light industrial properties would be 4.96%, which is insignificant and does not raise competition concerns. The transaction does not substantially prevent or lessen competition in the relevant market, and there are no significant public interest concerns. Therefore, the merger was unconditionally approved.

Court Disposition

The merger is unconditionally approved.

Orders

  • The proposed transaction between Pangbourne Properties Limited and Portion 118 of the Farm Vogelfontein No. 84 is unconditionally approved.