Vodacom Proprietary Limited and Another v Vox Telecommunications Proprietary Limited and Another (LM148Dec21 / CNF120Nov23) [2024] ZACT 5 (5 February 2024)

Vodacom Proprietary Limited and Another v Vox Telecommunications Proprietary Limited and Another (LM148Dec21 / CNF120Nov23) [2024] ZACT 5 (5 February 2024)

The Tribunal held that the merger parties' independent advisors, upon signing appropriate confidentiality undertakings, are entitled to access all information claimed as confidential by Vox in the Competition Commission's merger report, except for information in paragraph 376 and the letter dated 21 March 2022. For these, Vox may redact highly sensitive information and provide a redacted version for inspection. The Tribunal established a regime for inspection and access, requiring Vox to consider requests for access in good faith and respond within five business days. If access is refused, reasons must be provided, and the merger parties may approach the Tribunal on an urgent basis. The...

Citation
[2024] ZACT 5
Parties
Applicant: Vodacom Proprietary Limited; Applicant: Business Venture Investments No 2213 Proprietary Limited; Respondent: Vox Telecommunications Proprietary Limited; Respondent: Competition Commission of South Africa
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
5 February 2024
Case Number
LM148Dec21 / CNF120Nov23
Procedural Posture
Competition Law Application / Order on Confidentiality and Access to Information in Merger Proceedings
Outcome
Order granted regulating access to confidential information in the merger proceedings.
Judges
Andreas Wessels, Thando Vilakazi, Anisa Kessery
Legal Topics
Confidential Information in Merger, Access to Evidence, Inspection Rights, Competition Tribunal Procedure
Competition Law Commercial and Corporate Confidential Information in Merger Access to Evidence Inspection Rights Competition Tribunal Procedure

Case Brief

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Parties

Vodacom Proprietary Limited

Applicant

Business Venture Investments No 2213 Proprietary Limited

Applicant

Vox Telecommunications Proprietary Limited

Respondent

Competition Commission of South Africa

Respondent

Procedural Posture

Competition Law Application / Order on Confidentiality and Access to Information in Merger Proceedings

Legal Issues

  1. 1 Whether the merger parties' independent advisors are entitled to access confidential information claimed by Vox in the Competition Commission's merger report.
  2. 2 What regime should govern inspection and access to highly competitively sensitive information.
  3. 3 Whether the process for requesting and granting access to confidential information is fair and sufficient.

Ratio Decidendi

The Tribunal held that the merger parties' independent advisors, upon signing appropriate confidentiality undertakings, are entitled to access all information claimed as confidential by Vox in the Competition Commission's merger report, except for information in paragraph 376 and the letter dated 21 March 2022. For these, Vox may redact highly sensitive information and provide a redacted version for inspection. The Tribunal established a regime for inspection and access, requiring Vox to consider requests for access in good faith and respond within five business days. If access is refused, reasons must be provided, and the merger parties may approach the Tribunal on an urgent basis. The...

Court Disposition

Order granted regulating access to confidential information in the merger proceedings.

Orders

  • Vox must provide the merger parties' independent advisors who have signed confidentiality undertakings with access to all confidential information in the Competition Commission's merger report, except for information in paragraph 376 and the letter dated 21 March 2022.
  • Vox must furnish a redacted version of paragraph 376 and the letter dated 21 March 2022, redacting highly competitively sensitive information.