Setso Holdco Proprietary Limited v Setso Property Fund Proprietary Limited (LM185Dec16) [2017] ZACT 3 (11 January 2017)

Setso Holdco Proprietary Limited v Setso Property Fund Proprietary Limited (LM185Dec16) [2017] ZACT 3 (11 January 2017)

The Tribunal found that the proposed transaction does not result in any overlap in the provision of office and retail properties, as the acquiring group is not active in these markets. The management of the target properties will remain unchanged, and there will be no adverse effect on employment. The transaction raises no competition or public interest concerns. Therefore, the merger is approved unconditionally.

Citation
[2017] ZACT 3
Parties
Applicant: Setso Holdco Proprietary Limited; Respondent: Setso Property Fund Proprietary Limited
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
11 January 2017
Case Number
LM185Dec16
Procedural Posture
Merger Control / Approval of Proposed Merger
Outcome
The proposed merger is approved unconditionally.
Judges
Norman Manoim, AW Wessels, Yasmin Carrim
Legal Topics
Merger Control, Public Interest, Market Overlap, Employment Effects
Competition Law Merger Control Public Interest Market Overlap Employment Effects

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

Setso Holdco Proprietary Limited

Applicant

Setso Property Fund Proprietary Limited

Respondent

Procedural Posture

Merger Control / Approval of Proposed Merger

Legal Issues

  1. 1 Does the proposed merger substantially prevent or lessen competition in any relevant market?
  2. 2 Does the proposed transaction raise any public interest concerns, including employment effects?

Ratio Decidendi

The Tribunal found that the proposed transaction does not result in any overlap in the provision of office and retail properties, as the acquiring group is not active in these markets. The management of the target properties will remain unchanged, and there will be no adverse effect on employment. The transaction raises no competition or public interest concerns. Therefore, the merger is approved unconditionally.

Court Disposition

The proposed merger is approved unconditionally.

Orders

  • The merger between Setso Holdco Proprietary Limited and Setso Property Fund Proprietary Limited is approved without conditions.