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South Africa Case Law

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Competition Law [2024] ZACT 10

TotalEnergies Marketing South Africa Proprietary Limited v TotalGaz Southern Africa Proprietary Limited (LM106Oct23)

TotalEnergies Marketing South Africa Proprietary Limited v TotalGaz Southern Africa Proprietary Limited (LM106Oct23) [2024] ZACT 10; [2024] 2 CPLR 25 (CT) (19 January 2024)

The Competition Tribunal unconditionally approved TotalEnergies' acquisition of TotalGaz, finding the internal restructuring unlikely to lessen competition or raise public interest concerns.

  • Large Merger
  • Public Interest
  • Hdp Ownership
  • Employment Effects
  • Internal Restructuring
  • Competition-law
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Competition Law [2023] ZACT 77

Super Group Holdings Proprietary Limited v Right Side Up Proprietary Limited (LM062Aug23)

Super Group Holdings Proprietary Limited v Right Side Up Proprietary Limited (LM062Aug23) [2023] ZACT 77 (28 November 2023)

The Competition Tribunal unconditionally approved Super Group Holdings’ acquisition of 60% of Right Side Up, finding no substantial competition or public interest concerns.

  • Large Merger
  • Horizontal Overlap
  • Market Share Analysis
  • Public Interest
  • Broad Based Black Economic Empowerment
  • Merger-control
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Competition Law [2023] ZACT 32

Epiroc Holdings SA v K2022596519 (South Africa) (Pty) Ltd and Another (LM148Nov22)

Epiroc Holdings SA v K2022596519 (South Africa) (Pty) Ltd and Another (LM148Nov22) [2023] ZACT 32; [2023] 2 CPLR 20 (CT) (14 April 2023)

The Tribunal conditionally approved Epiroc’s acquisition of New Aard and Polkadots, finding no substantial competition harm and imposing public interest conditions.

  • Large Merger Review
  • Public Interest Conditions
  • Market Definition
  • Countervailing Buyer Power
  • Broad Based Black Economic Empowerment
  • Employee Share Ownership Programme
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Competition Law [2022] ZACT 91

Daimler Truck Holding AG v Part of the commercial vans business of Sandown Motor Holdings (Pty) Ltd (LM119Sep22)

Daimler Truck Holding AG v Part of the commercial vans business of Sandown Motor Holdings (Pty) Ltd (LM119Sep22) [2022] ZACT 91 (19 December 2022)

The Competition Tribunal unconditionally approved Daimler Truck Holding AG’s acquisition of part of Sandown Motor’s commercial vans business, finding no competition or public-interest concerns.

  • Vertical Merger
  • Internal Restructuring
  • Public Interest
  • B Bbbee Compliance
  • Competition-law
  • Merger-control
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Competition Law [2022] ZACT 35

Emira Property Fund Ltd v Transcend Residential Property Fund Ltd (LM088Aug22)

Emira Property Fund Ltd v Transcend Residential Property Fund Ltd (LM088Aug22) [2022] ZACT 35; [2024] 1 CPLR 6 (CT) (4 November 2022)

The Competition Tribunal unconditionally approved Emira Property Fund Ltd’s acquisition of Transcend Residential Property Fund Ltd, finding no material competition or public interest concerns.

  • Large Merger Review
  • Market Definition
  • Public Interest
  • Employment Impact
  • Broad Based Black Economic Empowerment
  • Large-merger-review
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Competition Law [2022] ZACT 20

Futuregrowth Asset Management (Pty) Ltd v Fruitone Holdings (Pty) Ltd (LM047May22)

Futuregrowth Asset Management (Pty) Ltd v Fruitone Holdings (Pty) Ltd (LM047May22) [2022] ZACT 20 (3 August 2022)

The Competition Tribunal unconditionally approved Futuregrowth’s acquisition of a joint controlling stake in Fruitone, finding no competition or public interest concerns.

  • Large Merger Review
  • Market Share Analysis
  • Public Interest
  • Broad Based Black Economic Empowerment
  • Employment Impact
  • Large-merger-review
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Administrative Law [2022] ZAGPPHC 431

Sasol Oil Limited v B-BEE Commission and Others (21415/2020)

Sasol Oil Limited v B-BEE Commission and Others (21415/2020) [2022] ZAGPPHC 431 (14 June 2022)

The High Court reviewed and set aside the B-BEE Commission’s findings against Sasol Oil, holding they were procedurally unfair, irrational, and time-barred.

  • Promotion Of Administrative Justice Act
  • Broad Based Black Economic Empowerment
  • Fronting Practices
  • Procedural Fairness
  • Time Barred Administrative Action
  • Administrative-law
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Competition Law [2021] ZACT 77

Invicta Holdings Ltd v Dartcom SA (Pty) Ltd (LM099Oct21)

Invicta Holdings Ltd v Dartcom SA (Pty) Ltd (LM099Oct21) [2021] ZACT 77 (13 December 2021)

The Competition Tribunal unconditionally approved Invicta Holdings’ merger with Dartcom SA, finding no horizontal or vertical overlap and no public interest concerns.

  • Large Merger
  • Public Interest
  • Bbbee
  • Horizontal Overlap
  • Vertical Relationship
  • Competition-law
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Administrative Law [2021] ZAGPPHC 730

Afriforum v Minister of Finance (18449/21)

Afriforum v Minister of Finance (18449/21) [2021] ZAGPPHC 730 (30 September 2021)

The High Court dismissed Afriforum’s urgent application challenging vaccine procurement rules, finding no urgency, no locus standi, non-joinder, mootness, and abuse of process.

  • Preferential Procurement Policy Framework Act
  • Broad Based Black Economic Empowerment
  • Locus Standi
  • Urgent Application
  • Separation Of Powers
  • Mandamus
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Competition Law [2020] ZACT 11

Capitalworks Atlanta GP (Pty) Ltd v Peregrine Holdings Ltd (LM021May20)

Capitalworks Atlanta GP (Pty) Ltd v Peregrine Holdings Ltd (LM021May20) [2020] ZACT 11 (20 August 2020)

The Competition Tribunal conditionally approved Capitalworks’ acquisition of Peregrine, imposing a two-year moratorium on merger-related retrenchments.

  • Merger Control
  • Public Interest
  • Employment Retrenchment
  • Broad Based Black Economic Empowerment
  • Merger-control
  • Public-interest
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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.