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South Africa Case Law

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Competition Law [2017] ZACT 40

General Electric Company v Baker Hughes Incorporated (LM194Jan17)

General Electric Company v Baker Hughes Incorporated (LM194Jan17) [2017] ZACT 40 (13 April 2017)

The Competition Tribunal approved General Electric’s acquisition involving Baker Hughes, finding no material overlap in South Africa and no public-interest concerns.

  • Merger Control
  • Market Definition
  • Bundling
  • Public Interest
  • Employment Effects
  • Merger-control
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Competition Law [2016] ZACT 29

Business Venture Investments 1889 (Pty) Ltd v Idwala Industrial Holdings Limited (LM197Dec15)

Business Venture Investments 1889 (Pty) Ltd v Idwala Industrial Holdings Limited (LM197Dec15) [2016] ZACT 29 (12 April 2016)

The Competition Tribunal approved unconditionally the merger between Business Venture Investments 1889 (Pty) Ltd and Idwala Industrial Holdings Limited.

  • Merger Control
  • Horizontal Overlap
  • Vertical Foreclosure
  • Bundling
  • Public Interest
  • Market Share Accretion
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Competition Law [2015] ZACT 112

Telkom SA Soc Limited v Business Connexion Group Limited (Dimension Data (Proprietary) Limited Intervening) (LM065Aug14)

Telkom SA Soc Limited v Business Connexion Group Limited (Dimension Data (Proprietary) Limited Intervening) (LM065Aug14) [2015] ZACT 112; [2015] 2 CPLR 688 (CT) (12 October 2015)

The Tribunal conditionally approved Telkom’s acquisition of BCX, finding the revised conditions adequately addressed foreclosure, bundling, transparency, and employment concerns.

  • Merger Control
  • Input Foreclosure
  • Bundling
  • Transfer Pricing
  • Public Interest Employment
  • Merger-control
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Competition Law [2015] ZACT 10

Mobile Telephone Networks (Pty) Ltd v Afrihost (Pty) Ltd (019075)

Mobile Telephone Networks (Pty) Ltd v Afrihost (Pty) Ltd (019075) [2015] ZACT 10; [2016] 1 CPLR 184 (CT) (12 January 2015)

The Competition Tribunal unconditionally approved MTN’s acquisition of Afrihost, finding no substantial lessening of competition or public interest concerns.

  • Merger Control
  • Vertical Integration
  • Margin Squeeze
  • Bundling
  • Market Power
  • Retail And Wholesale Data Services
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Competition Law [2013] ZACT 62

Competition Commission v Telkom SA SOC Ltd (016865)

Competition Commission v Telkom SA SOC Ltd (016865) [2013] ZACT 62 (18 July 2013)

The Tribunal confirmed a settlement between the Competition Commission and Telkom, imposed a R200 million penalty, and ordered pricing and compliance reforms.

  • Margin Squeeze
  • Conditional Selling
  • Administrative Penalty
  • Transfer Pricing
  • Non Discriminatory Pricing
  • Bundling
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Competition Law [2013] ZACT 45

Association of System Operators v Competition Commission and Others (71/SM/Nov10, 72/SM/Nov10)

Association of System Operators v Competition Commission and Others (71/SM/Nov10, 72/SM/Nov10) [2013] ZACT 45 (5 June 2013)

The Tribunal upheld conditional approval of two small mergers but sent the merger conditions back to the Commission to be redrafted and expanded.

  • Merger Review
  • Conditional Approval
  • Bundling
  • Cross Subsidisation
  • Hold Separate Remedy
  • Administrative Action
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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.