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South Africa Case Law

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Competition Law [2016] ZACT 84

African Rainbow Capital (Pty) Ltd v Ooba (Pty) Ltd (LM257MAR16)

African Rainbow Capital (Pty) Ltd v Ooba (Pty) Ltd (LM257MAR16) [2016] ZACT 84; [2016] 2 CPLR 794 (CT) (7 September 2016)

The Competition Tribunal conditionally approved ARC’s acquisition of a 30% stake in ooba, imposing behavioural conditions to address coordination and information-sharing risks.

  • Merger Control
  • Vertical Relationships
  • Cross Directorships
  • Information Sharing
  • Behavioural Conditions
  • Merger-control
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Competition Law [2013] ZACT 30

Business Venture Investments No. 1658 (Pty) Ltd v AFGRI Operations Limited and Others (87/LM/Sep12)

Business Venture Investments No. 1658 (Pty) Ltd v AFGRI Operations Limited and Others (87/LM/Sep12) [2013] ZACT 30 (7 May 2013)

The Tribunal found that the proposed joint venture between Afgri and Senwes, while presenting limited horizontal overlap in retail activities and no significant vertical foreclosure risks, raised a material risk of post-merger coordinated effects due to multimarket contact and a history of collusion. The Tribunal accepted the Commission's concerns regarding the potential for anti-competitive information exchange and the need for robust behavioural conditions. The Tribunal imposed enhanced conditions, including confidentiality agreements for directors and employees, a comprehensive compliance…

  • Merger Control
  • Coordinated Effects
  • Public Interest Employment
  • Information Exchange
  • Behavioural Conditions
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Competition Law [2013] ZACT 42

Calulo Investments (Pty) Ltd and Another v FFS Refineries (Pty) Ltd (91/LM/Oct12)

Calulo Investments (Pty) Ltd and Another v FFS Refineries (Pty) Ltd (91/LM/Oct12) [2013] ZACT 42 (19 April 2013)

The Tribunal conditionally approved Calulo and Investec’s merger with FFS, imposing behavioural conditions to prevent input foreclosure in the brick market.

  • Input Foreclosure
  • Vertical Merger
  • Restraint Of Trade
  • Public Interest
  • Behavioural Conditions
  • Input-foreclosure
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Competition Law [2012] ZACT 35

Actom (Pty) Ltd v Savcio Holdings (Pty) Ltd (70/LM/Aug11)

Actom (Pty) Ltd v Savcio Holdings (Pty) Ltd (70/LM/Aug11) [2012] ZACT 35; [2012] 2 CPLR 409 (CT) (8 May 2012)

The Tribunal conditionally approved Actom’s merger with Savcio, imposing behavioural conditions on commutator and copper wire supply, cross-directorships, and monitoring.

  • Merger Control
  • Behavioural Conditions
  • Vertical And Horizontal Overlap
  • Market Power
  • Public Interest
  • Merger-control
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Competition Law [2011] ZACT 74

Softline (Pty) Ltd and Another v Competition Commission of South Africa, In re: Softline (Pty) Ltd v Netcash (Pty) Ltd (82/AM/Dec10)

Softline (Pty) Ltd and Another v Competition Commission of South Africa, In re: Softline (Pty) Ltd v Netcash (Pty) Ltd (82/AM/Dec10) [2011] ZACT 74 (30 September 2011)

The Competition Tribunal conditionally approved Softline’s acquisition of Netcash, finding that revised behavioural conditions adequately addressed technical foreclosure risks.

  • Small Merger Review
  • Foreclosure
  • Bundling
  • Interoperability
  • Behavioural Conditions
  • Small-merger-review
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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.