Rustenburg Platinum Mines Limited v Changing Tides 166 (Pty) Ltd and Another (124/LM/Nov08) [2009] ZACT 2 (12 January 2009)

Rustenburg Platinum Mines Limited v Changing Tides 166 (Pty) Ltd and Another (124/LM/Nov08) [2009] ZACT 2 (12 January 2009)

The Tribunal found that there is no overlap in the activities of the merging firms, as the acquiring group is not active in the residential property market where the target properties are situated. Consequently, the transaction is unlikely to substantially prevent or lessen competition in any market. Furthermore, there are no public interest issues arising from the transaction. The merger was therefore approved unconditionally.

Citation
[2009] ZACT 2
Parties
Applicant: Rustenburg Platinum Mines Limited; Respondent: Changing Tides 166 (Pty) Ltd; Respondent: Group Five Housing and Projects Development Services (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
12 January 2009
Case Number
124/LM/Nov08
Procedural Posture
Merger Approval / Reasons for Decision
Outcome
Merger approved unconditionally.
Judges
D Lewis, N Manoim, Y Carrim
Legal Topics
Merger Control, Substantial Prevention or Lessening of Competition, Public Interest
Competition Law Merger Control Substantial Prevention or Lessening of Competition Public Interest

Case Brief

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Parties

Rustenburg Platinum Mines Limited

Applicant

Changing Tides 166 (Pty) Ltd

Respondent

Group Five Housing and Projects Development Services (Pty) Ltd

Respondent

Procedural Posture

Merger Approval / Reasons for Decision

Legal Issues

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

Ratio Decidendi

The Tribunal found that there is no overlap in the activities of the merging firms, as the acquiring group is not active in the residential property market where the target properties are situated. Consequently, the transaction is unlikely to substantially prevent or lessen competition in any market. Furthermore, there are no public interest issues arising from the transaction. The merger was therefore approved unconditionally.

Court Disposition

Merger approved unconditionally.

Orders

  • The merger between Rustenburg Platinum Mines Limited and Changing Tides 166 (Pty) Ltd and Group Five Housing and Projects Development Services (Pty) Ltd is approved unconditionally.