Firstrand Bank Limited v Kulula Air (Pty) Ltd (LM089Oct21) [2021] ZACT 103 (7 December 2021)
Court
Competition Tribunal
Case number
LM089Oct21
The Competition Tribunal unconditionally approved FirstRand Bank Limited’s acquisition of Kulula Air’s Slow Lounge business, finding no substantial competition concerns.
Competition Commission of South Africa v Hosken Consolidated Investments Limited and Another (CCT296/17) [2019] ZACC 2; 2019 (4) BCLR 470 (CC); 2019 (3) SA 1 (CC) (1 February 2019)
The Constitutional Court held that HCI did not have to notify its 2017 Tsogo restructuring, but the Competition Commission could still investigate the 2014 merger assurances.
Caxton and CTP Publishers and Printers Limited and Others v MultiChoice Proprietary Limited and Others (140/CAC/MAR16) [2016] ZACAC 3; [2016] 1 CPLR 1 (CAC) (24 June 2016)
Court
Competition Appeal Court
Case number
140/CAC/MAR16
Judges
DM Davis, NP Boqwana, Vally
The court held that the agreement between MultiChoice and SABC did not constitute a merger as defined in section 12 of the Competition Act. The exclusive licensing of SABC's entertainment channel to MultiChoice, while significant, did not amount to a transfer of a discrete business or productive capacity, as the content represented a minor portion of SABC's archive and SABC retained ownership and operational control. The five-year duration of the agreement was not sufficiently permanent to alter market structure or confer lasting control. Regarding the encryption clause, the court found that…
Anglo American PLC v Samancor Holdings Proprietary Limited and Others (019901) [2015] ZACT 2 (7 January 2015)
Court
Competition Tribunal
Case number
019901
Judges
Andreas Wessels, Mondo Mazwai, Imraan Valodia
The Competition Tribunal unconditionally approved Anglo American’s acquisition of additional control rights over Samancor, finding no substantial competition or public interest concerns.
Johannesburg Municipal Pension Fund and ERF 2860 Newton Park Township & Other (74/LM/JUL07) [2007] ZACT 61 (10 September 2007)
Court
Competition Tribunal
Case number
74/LM/JUL07
Judges
N Manoim, Y Carrim, U Bhoola
The Competition Tribunal approved JMPF’s acquisition of control in two Port Elizabeth retail properties, finding the internal restructuring raised no competition or public interest concerns.
Opalton Investments (Pty) Ltd and Peermont Global Ltd & Marang East Rand Gaming Investments (Pty) Ltd (01/LM/Jan07) [2007] ZACT 33 (8 May 2007)
Court
Competition Tribunal
Case number
01/LM/Jan07
Judges
N Manoim, M Holden, M Mokuena
The Competition Tribunal approved Opalton’s merger with Peermont and Marang, finding no increase in market concentration and no public interest concerns.
Citibank NA South Africa Branch and Mercantile Bank Limited (91/LM/Nov04) [2005] ZACT 6 (17 January 2005)
Court
Competition Tribunal
Case number
91/LM/Nov04
Judges
Norman Manoim, MTK Moerane, Medi Mokuena
The Competition Tribunal approved Citibank’s acquisition of part of Mercantile’s asset finance book unconditionally and confirmed an agreed R100,000 penalty.
Goldfields Ltd v Harmony Gold Mining Company Ltd and Another (43/CAC/Nov04) [2004] ZACAC 5 (26 November 2004)
Court
Competition Appeal Court
Case number
43/CAC/Nov04
Judge
Davis JP
The Court held that Harmony’s early settlement offer plus Norilsk’s undertaking could amount to a notifiable large merger and restrained voting before approval.
Gold Fields Limited and Harmony Gold Mining Company Limited / MMC Norilsk Nickel / Competition Commission (86/FN/Oct04) [2004] ZACT 75; [2004] 2 CPLR 358 (CT) (18 November 2004)
Court
Competition Tribunal
Case number
86/FN/Oct04
Judges
N. Manoim, M. R. Madlanga, D. Lewis
The Tribunal dismissed Gold Fields’ urgent bid to stop Harmony’s early settlement offer, finding no proven acquisition of control and no clear right to interdictory relief.
Johnnic Communications Ltd and New Africa Investments Ltd (54/FN/Oct03) [2003] ZACT 55 (13 October 2003)
Court
Competition Tribunal
Case number
54/FN/Oct03
Judges
N Manoim, P Maponya, L Reyburn
The Tribunal dismissed an urgent application to stop implementation of a share transaction involving Nail, but ordered further filings on whether the deal was a notifiable merger.