Premier Fishing SA (Pty) Ltd v Talhado Fishing Eterprises (Pty) Ltd (LM299Mar18) [2018] ZACT 15 (5 June 2018)

Premier Fishing SA (Pty) Ltd v Talhado Fishing Eterprises (Pty) Ltd (LM299Mar18) [2018] ZACT 15 (5 June 2018)

The Tribunal found that the merger between Premier Fishing and Talhado would result in a combined market share of less than 20% based on total allowable effort and less than 25% based on revenue figures. The Commission's investigation identified several other market participants, indicating a competitive market structure. No evidence was presented to suggest that the merger would substantially prevent or lessen competition. Furthermore, the transaction was confirmed to have no negative impact on employment or other public interest concerns. Accordingly, the Tribunal approved the merger unconditionally.

Citation
[2018] ZACT 15
Parties
Applicant: Premier Fishing SA (Pty) Ltd; Respondent: Talhado Fishing Enterprises (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
5 June 2018
Case Number
LM299Mar18
Procedural Posture
Merger Approval / Decision
Outcome
The merger is approved unconditionally.
Judges
Andreas Wessels, Enver Daniels, Fiona Tregenna
Legal Topics
Merger Control, Horizontal Overlap, Market Share Calculation, Public Interest
Competition Law Merger Control Horizontal Overlap Market Share Calculation Public Interest

Case Brief

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Parties

Premier Fishing SA (Pty) Ltd

Applicant

Talhado Fishing Enterprises (Pty) Ltd

Respondent

Procedural Posture

Merger Approval / Decision

Legal Issues

  1. 1 Whether the proposed merger between Premier Fishing and Talhado is likely to substantially prevent or lessen competition in the relevant market.
  2. 2 Whether the proposed transaction raises any public interest concerns, including effects on employment.

Ratio Decidendi

The Tribunal found that the merger between Premier Fishing and Talhado would result in a combined market share of less than 20% based on total allowable effort and less than 25% based on revenue figures. The Commission's investigation identified several other market participants, indicating a competitive market structure. No evidence was presented to suggest that the merger would substantially prevent or lessen competition. Furthermore, the transaction was confirmed to have no negative impact on employment or other public interest concerns. Accordingly, the Tribunal approved the merger unconditionally.

Court Disposition

The merger is approved unconditionally.

Orders

  • The proposed transaction between Premier Fishing SA (Pty) Ltd and Talhado Fishing Enterprises (Pty) Ltd is approved unconditionally.