Resilient Properties (Pty) Ltd v Casadobe Props 75 (Pty) Ltd (28/LM/Apr11) [2011] ZACT 40 (28 June 2011)

Resilient Properties (Pty) Ltd v Casadobe Props 75 (Pty) Ltd (28/LM/Apr11) [2011] ZACT 40 (28 June 2011)

The Tribunal found that the proposed transaction constitutes a change from joint to sole control over the Grove Mall, with no increase in market share or alteration of market structure. The presence of other competing shopping centres within 20 kilometres of the Equestria node ensures that competition remains unaffected. No vertical effects or public interest concerns were identified. Accordingly, the merger is unlikely to substantially prevent or lessen competition and is approved unconditionally.

Citation
[2011] ZACT 40
Parties
Applicant: Resilient Properties (Pty) Ltd; Respondent: Casadobe Props 75 (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
28 June 2011
Case Number
28/LM/Apr11
Procedural Posture
Merger Application / Approval
Outcome
Merger approved unconditionally.
Judges
Norman Manoim, Andreas Wessels, Yasmin Carrim
Legal Topics
Horizontal Merger, Sole Control, Market Definition, Minor Regional Shopping Centre, Public Interest, Market Share
Competition Law Horizontal Merger Sole Control Market Definition Minor Regional Shopping Centre Public Interest Market Share

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 2 Party arguments 2
Sign in to unlock

Parties

Resilient Properties (Pty) Ltd

Applicant

Casadobe Props 75 (Pty) Ltd

Respondent

Procedural Posture

Merger Application / Approval

Legal Issues

  1. 1 Whether the proposed merger from joint to sole control over the Grove Mall will substantially prevent or lessen competition in the relevant market.
  2. 2 Whether any public interest concerns arise from the transaction.

Ratio Decidendi

The Tribunal found that the proposed transaction constitutes a change from joint to sole control over the Grove Mall, with no increase in market share or alteration of market structure. The presence of other competing shopping centres within 20 kilometres of the Equestria node ensures that competition remains unaffected. No vertical effects or public interest concerns were identified. Accordingly, the merger is unlikely to substantially prevent or lessen competition and is approved unconditionally.

Court Disposition

Merger approved unconditionally.

Orders

  • The proposed transaction is approved unconditionally.