Wilson Bayly Holmes-Ovcon Ltd and Let Construction (Pty) Ltd (54/LM/May07) [2007] ZACT 50 (20 July 2007)

Wilson Bayly Holmes-Ovcon Ltd and Let Construction (Pty) Ltd (54/LM/May07) [2007] ZACT 50 (20 July 2007)

The Tribunal found that the combined market share of WBHO and LET post-merger would be 4.7%, with several large competitors remaining in the market. The transaction is unlikely to substantially prevent or lessen competition in the civil engineering sector. No public interest concerns were identified. Accordingly, the merger was approved.

Citation
[2007] ZACT 50
Parties
Applicant: Wilson Bayly Holmes-Ovcon Ltd; Respondent: Let Construction (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
20 July 2007
Case Number
54/LM/May07
Procedural Posture
Merger Control / Merger Approval
Outcome
Merger approved without conditions.
Judges
D Lewis, Y Carrim, M Mokuena
Legal Topics
Merger Control, Market Share Analysis, Public Interest, Civil Engineering Sector
Competition Law Commercial and Corporate Merger Control Market Share Analysis Public Interest Civil Engineering Sector

Case Brief

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Parties

Wilson Bayly Holmes-Ovcon Ltd

Applicant

Let Construction (Pty) Ltd

Respondent

Procedural Posture

Merger Control / Merger Approval

Legal Issues

  1. 1 Whether the proposed merger between WBHO and LET will substantially prevent or lessen competition in the civil engineering market in South Africa.
  2. 2 Whether the transaction raises any public interest concerns.

Ratio Decidendi

The Tribunal found that the combined market share of WBHO and LET post-merger would be 4.7%, with several large competitors remaining in the market. The transaction is unlikely to substantially prevent or lessen competition in the civil engineering sector. No public interest concerns were identified. Accordingly, the merger was approved.

Court Disposition

Merger approved without conditions.

Orders

  • The merger between Wilson Bayly Holmes-Ovcon Ltd and Let Construction (Pty) Ltd is approved.