Resilient Properties (Pty) Ltd v Arbour Town (Pty) Ltd (017772) [2013] ZACT 104 (29 October 2013)

Resilient Properties (Pty) Ltd v Arbour Town (Pty) Ltd (017772) [2013] ZACT 104 (29 October 2013)

The Tribunal found that the proposed transaction would not result in a substantial prevention or lessening of competition in any relevant market. Although there is a product overlap in the market for regional shopping centres, the geographic separation between the properties means there is no competitive overlap. Furthermore, the merging parties confirmed that the transaction would not adversely affect employment, and no other public interest concerns were identified. Accordingly, the Tribunal approved the merger unconditionally.

Citation
[2013] ZACT 104
Parties
Applicant: Resilient Properties (Pty) Ltd; Respondent: Arbour Town (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
29 October 2013
Case Number
017772
Procedural Posture
Merger Application / Decision
Outcome
The proposed merger is approved unconditionally.
Judges
Norman Manoim, Yasmin Carrim, Andreas Wessels
Legal Topics
Merger Control, Retail Property Market, Public Interest Assessment
Competition Law Commercial and Corporate Merger Control Retail Property Market Public Interest Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Resilient Properties (Pty) Ltd

Applicant

Arbour Town (Pty) Ltd

Respondent

Procedural Posture

Merger Application / Decision

Legal Issues

  1. 1 Whether the proposed acquisition of Arbour Town (Pty) Ltd by Resilient Properties (Pty) Ltd is likely to substantially prevent or lessen competition in any relevant market.
  2. 2 Whether the transaction raises any public interest concerns, including adverse effects on employment.

Ratio Decidendi

The Tribunal found that the proposed transaction would not result in a substantial prevention or lessening of competition in any relevant market. Although there is a product overlap in the market for regional shopping centres, the geographic separation between the properties means there is no competitive overlap. Furthermore, the merging parties confirmed that the transaction would not adversely affect employment, and no other public interest concerns were identified. Accordingly, the Tribunal approved the merger unconditionally.

Court Disposition

The proposed merger is approved unconditionally.

Orders

  • The proposed acquisition by Resilient Properties (Pty) Ltd of Arbour Town (Pty) Ltd is approved unconditionally.
  • No conditions are imposed on the merger.