Pareto Limited v B&B Eindomme (Pty) Ltd (93/LM/Aug08) [2008] ZACT 104 (3 December 2008)

Pareto Limited v B&B Eindomme (Pty) Ltd (93/LM/Aug08) [2008] ZACT 104 (3 December 2008)

The Tribunal found that there is no geographic overlap between the activities of the merging parties, as Pareto Limited does not own properties in Bloemfontein where Mimosa Mall is situated. The acquisition will not result in any substantial prevention or lessening of competition in any relevant market. Furthermore, no public interest issues were identified. The transaction is therefore approved unconditionally.

Citation
[2008] ZACT 104
Parties
Applicant: Pareto Limited; Respondent: B&B Eindomme (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
3 December 2008
Case Number
93/LM/Aug08
Procedural Posture
Merger Approval / Reasons for Decision
Outcome
Merger approved unconditionally.
Judges
D Lewis, N Manoim, Y Carrim
Legal Topics
Merger Control, Retail Property Acquisition, Substantial Lessening of Competition
Competition Law Merger Control Retail Property Acquisition Substantial Lessening of Competition

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Parties

Pareto Limited

Applicant

B&B Eindomme (Pty) Ltd

Respondent

Procedural Posture

Merger Approval / Reasons for Decision

Legal Issues

  1. 1 Whether the proposed acquisition of Mimosa Mall by Pareto Limited will substantially prevent or lessen competition in any market.
  2. 2 Whether any public interest concerns arise from the transaction.

Ratio Decidendi

The Tribunal found that there is no geographic overlap between the activities of the merging parties, as Pareto Limited does not own properties in Bloemfontein where Mimosa Mall is situated. The acquisition will not result in any substantial prevention or lessening of competition in any relevant market. Furthermore, no public interest issues were identified. The transaction is therefore approved unconditionally.

Court Disposition

Merger approved unconditionally.

Orders

  • The merger between Pareto Limited and B&B Eindomme (Pty) Ltd is approved without conditions.