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South Africa Case Law

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Competition Law [2021] ZACT 103

Firstrand Bank Limited v Kulula Air (Pty) Ltd (LM089Oct21)

Firstrand Bank Limited v Kulula Air (Pty) Ltd (LM089Oct21) [2021] ZACT 103 (7 December 2021)

The Competition Tribunal unconditionally approved FirstRand Bank Limited’s acquisition of Kulula Air’s Slow Lounge business, finding no substantial competition concerns.

  • Merger Control
  • Acquisition Of Control
  • Airport Lounges Market
  • Merger-control
  • Acquisition-of-control
  • Competition-law
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Commercial And Corporate [2019] ZACC 2

Competition Commission of South Africa v Hosken Consolidated Investments Limited and Another (CCT296/17)

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.

  • Merger Control
  • Declaratory Orders
  • Acquisition Of Control
  • Competition Act Section 12
  • Once Off Principle
  • Competition-law
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Competition Law [2016] ZACAC 3

Caxton and CTP Publishers and Printers Limited and Others v MultiChoice Proprietary Limited and Others (140/CAC/MAR16)

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)

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…

  • Merger Notification
  • Acquisition Of Control
  • Exclusive Licensing
  • Broadcasting Regulation
  • Public Interest
  • Encryption Policy
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Competition Law [2015] ZACT 2

Anglo American PLC v Samancor Holdings Proprietary Limited and Others (019901)

Anglo American PLC v Samancor Holdings Proprietary Limited and Others (019901) [2015] ZACT 2 (7 January 2015)

The Competition Tribunal unconditionally approved Anglo American’s acquisition of additional control rights over Samancor, finding no substantial competition or public interest concerns.

  • Merger Control
  • Acquisition Of Control
  • Public Interest
  • Horizontal Overlap
  • Competition Assessment
  • Merger-control
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Competition Law [2007] ZACT 61

Johannesburg Municipal Pension Fund and ERF 2860 Newton Park Township & Other (74/LM/JUL07)

Johannesburg Municipal Pension Fund and ERF 2860 Newton Park Township & Other (74/LM/JUL07) [2007] ZACT 61 (10 September 2007)

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.

  • Merger Control
  • Retail Property Market
  • Acquisition Of Control
  • Merger-control
  • Acquisition-of-control
  • Retail-property-market
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Competition Law [2007] ZACT 33

Opalton Investments (Pty) Ltd and Peermont Global Ltd & Marang East Rand Gaming Investments (Pty) Ltd (01/LM/Jan07)

Opalton Investments (Pty) Ltd and Peermont Global Ltd & Marang East Rand Gaming Investments (Pty) Ltd (01/LM/Jan07) [2007] ZACT 33 (8 May 2007)

The Competition Tribunal approved Opalton’s merger with Peermont and Marang, finding no increase in market concentration and no public interest concerns.

  • Merger Control
  • Acquisition Of Control
  • Market Concentration
  • Public Interest
  • Merger-control
  • Acquisition-of-control
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Competition Law [2005] ZACT 6

Citibank NA South Africa Branch and Mercantile Bank Limited (91/LM/Nov04)

Citibank NA South Africa Branch and Mercantile Bank Limited (91/LM/Nov04) [2005] ZACT 6 (17 January 2005)

The Competition Tribunal approved Citibank’s acquisition of part of Mercantile’s asset finance book unconditionally and confirmed an agreed R100,000 penalty.

  • Merger Notification
  • Acquisition Of Control
  • Administrative Penalty
  • Market Definition
  • Public Interest Retrenchment
  • Competition-law
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Competition Law [2004] ZACAC 5

Goldfields Ltd v Harmony Gold Mining Company Ltd and Another (43/CAC/Nov04)

Goldfields Ltd v Harmony Gold Mining Company Ltd and Another (43/CAC/Nov04) [2004] ZACAC 5 (26 November 2004)

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.

  • Large Merger Notification
  • Interim Interdict
  • Acquisition Of Control
  • Implementation Of Merger
  • Joint Control
  • Section 13a Competition Act
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Competition Law [2004] ZACT 75

Gold Fields Limited and Harmony Gold Mining Company Limited / MMC Norilsk Nickel / Competition Commission (86/FN/Oct04)

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)

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.

  • Merger Notification
  • Acquisition Of Control
  • Interdictory Relief
  • Joint Control
  • Implementation Of Merger
  • Competition-law
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Competition Law [2003] ZACT 55

Johnnic Communications Ltd and New Africa Investments Ltd (54/FN/Oct03)

Johnnic Communications Ltd and New Africa Investments Ltd (54/FN/Oct03) [2003] ZACT 55 (13 October 2003)

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.

  • Merger Notification
  • Interdict
  • Acquisition Of Control
  • Section 12 Competition Act
  • Section 440k Companies Act
  • Merger-notification
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.