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South Africa Case Law

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Competition Law [2020] ZACT 89

Marinvest SRL v Messina and Others (LM122OCT19)

Marinvest SRL v Messina and Others (LM122OCT19) [2020] ZACT 89 (24 August 2020)

The Competition Tribunal conditionally approved Marinvest’s acquisition of stakes in Messina and RORO Italia, citing a failing-firm scenario and imposing behavioural and public interest conditions.

  • Merger Control
  • Market Concentration
  • Behavioural Remedies
  • Public Interest Conditions
  • Failing Firm Defence
  • Merger-control
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Competition Law [2013] ZACT 2

ABSA Bank Ltd v Private Label Store Card Portfolio of EDCON (Pty) Ltd (70/LM/Jun12)

ABSA Bank Ltd v Private Label Store Card Portfolio of EDCON (Pty) Ltd (70/LM/Jun12) [2013] ZACT 2; [2013] 1 CPLR 176 (CT) (23 January 2013)

The Tribunal conditionally approved ABSA’s acquisition of Edcon’s store card portfolio, imposing ring-fencing and monitoring conditions to prevent sensitive information sharing.

  • Large Merger
  • Information Exchange
  • Behavioural Remedies
  • Market Share
  • Collusion Risk
  • Large-merger-review
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Competition Law [2012] ZACT 92

Industrial Development Corporation of SA Ltd v Scaw South Africa (Pty) Ltd and Another (60/LM/Jun12)

Industrial Development Corporation of SA Ltd v Scaw South Africa (Pty) Ltd and Another (60/LM/Jun12) [2012] ZACT 92 (5 November 2012)

The Tribunal conditionally approved IDC’s acquisition of Scaw and CWI, imposing behavioural conditions to prevent information exchange between Scaw and AMSA.

  • Merger Control
  • Information Exchange
  • Vertical Integration
  • Cartel Conduct
  • Behavioural Remedies
  • Merger-control
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Competition Law [2010] ZACT 71

Bedrock Mining Support (Pty) Ltd v Competition Commission of South Africa (23/AM/May10)

Bedrock Mining Support (Pty) Ltd v Competition Commission of South Africa (23/AM/May10) [2010] ZACT 71; [2010] 2 CPLR 290 (CT) (21 October 2010)

The Tribunal conditionally approved Bedrock’s acquisition of Mondi plantations, finding behavioural remedies sufficient to address foreclosure and coordination risks.

  • Vertical Merger
  • Input Foreclosure
  • Coordinated Effects
  • Public Interest Bee
  • Behavioural Remedies
  • Timber Supply Agreements
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Competition Law [2010] ZACT 32

Chlor-alkali Holdings (Pty) Ltd v Botswana Ash (Pty) Ltd (34/LM/Apr09)

Chlor-alkali Holdings (Pty) Ltd v Botswana Ash (Pty) Ltd (34/LM/Apr09) [2010] ZACT 32; [2010] 1 CPLR 130 (CT) (14 May 2010)

The Tribunal conditionally approved Chlor-Alkali Holdings’ acquisition of 50% of Botash, finding monopoly and foreclosure risks in inland salt markets.

  • Merger To Monopoly
  • Input Foreclosure
  • Market Definition
  • Behavioural Remedies
  • Vertical Integration
  • Countervailing Power
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Competition Law [2003] ZACT 7

Coleus Packaging (Pty) Ltd and Rheem Crown Plant (a division of Highveld Steel and Vanadium Corporation Limited) (75/LM/Oct02)

Coleus Packaging (Pty) Ltd and Rheem Crown Plant (a division of Highveld Steel and Vanadium Corporation Limited) (75/LM/Oct02) [2003] ZACT 7 (11 February 2003)

The Tribunal approved SAB’s acquisition of Rheem Crown subject to conditions addressing foreclosure, confidentiality, pricing, supply, and empowerment.

  • Vertical Merger
  • Customer Foreclosure
  • Input Foreclosure
  • Behavioural Remedies
  • Black Economic Empowerment
  • Market Definition
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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.