South Africa Case Law

Redefine Properties Ltd v Setso Property Fund Ltd in Respect of 3 (Three) Rental Enterprises and Vacant Land (LM045Jun24)

Redefine Properties Ltd v Setso Property Fund Ltd in Respect of 3 (Three) Rental Enterprises and Vacant Land (LM045Jun24) [2024] ZACT 18 (30 July 2024)

Court

Competition Tribunal

Case number

LM045Jun24

Judges

L Mncube, G Budlender, I Valodia

The Competition Tribunal approved Redefine Properties Ltd’s merger with Setso Property Fund (Pty) Ltd over three rental enterprises and vacant land, and ordered a clearance certificate.

• Merger Clearance
• Competition Act Section 16
• Merger Notification
• Competition Tribunal Procedure
• Merger-clearance
• Competition-law

Masimo Ventures (Pty) Ltd and Another v CBD Residency (Pty) Ltd and Another (LM033May24)

Masimo Ventures (Pty) Ltd and Another v CBD Residency (Pty) Ltd and Another (LM033May24) [2024] ZACT 28 (4 July 2024)

Court

Competition Tribunal

Case number

LM033May24

Judges

A Wessels, G Budlender, I Valodia

The Competition Tribunal approved the merger between Masimo Ventures, Mr Conrad Dana Kgwadi, CBD Residency and CBD Residency 2, and ordered a merger clearance certificate.

• Merger Clearance
• Competition Act Section 16
• Competition Tribunal Procedure
• Competition-law
• Merger-clearance
• Competition-act-section-16

Vodacom Proprietary Limited and Another v Frogfoot Networks Proprietary Limited and Another (5 February 2024) (LM148Dec21 / CNF 119 Nov 23)

Vodacom Proprietary Limited and Another v Frogfoot Networks Proprietary Limited and Another (5 February 2024) (LM148Dec21 / CNF 119 Nov 23) [2024] ZACT 4 (5 February 2024)

Court

Competition Tribunal

Case number

LM148Dec21 / CNF 119 Nov 23

Judges

Andreas Wessels, Thando Vilakazi, Anisa Kessery

The Competition Tribunal regulated access to confidential merger information, ordering disclosure to independent advisors subject to confidentiality undertakings and an urgent dispute process.

• Confidential Information In Merger
• Access To Evidence
• Merger Proceedings
• Competition Tribunal Procedure
• Competition-law
• Merger-proceedings

Vodacom Proprietary Limited and Another v Vox Telecommunications Proprietary Limited and Another (LM148Dec21 / CNF120Nov23)

Vodacom Proprietary Limited and Another v Vox Telecommunications Proprietary Limited and Another (LM148Dec21 / CNF120Nov23) [2024] ZACT 5 (5 February 2024)

Court

Competition Tribunal

Case number

LM148Dec21 / CNF120Nov23

Judges

Andreas Wessels, Thando Vilakazi, Anisa Kessery

The Tribunal set a confidentiality and access regime for merger parties’ independent advisors to inspect Vox’s confidential merger materials, with limited redactions for highly sensitive information.

• Confidential Information In Merger
• Access To Evidence
• Inspection Rights
• Competition Tribunal Procedure
• Confidential-information
• Merger-proceedings

Deputy Chairperson of the National Executive Forum and Others v Coca-Cola Beverages South Africa (Pty) Ltd and Others (CO166Jan222; OTH103Sep22)

Deputy Chairperson of the National Executive Forum and Others v Coca-Cola Beverages South Africa (Pty) Ltd and Others (CO166Jan222; OTH103Sep22) [2023] ZACT 46; [2023] 3 CPLR 46 (CT) (26 June 2023)

Court

Competition Tribunal

Case number

CO166Jan222/OTH103Sep22

Judges

M Mazwai, AW Wessels, L Mncube

The Competition Tribunal dismissed a recusal application, holding that prior involvement in related interim relief proceedings did not show reasonable apprehension of bias.

• Recusal Of Panel Member
• Reasonable Apprehension Of Bias
• Competition Tribunal Procedure
• Settlement Agreement Confirmation
• Recusal-of-panel-member
• Reasonable-apprehension-of-bias

Impala Platinum Holdings Limited v Royal Bafokeng Platinum Limited (LM156Dec21)

Impala Platinum Holdings Limited v Royal Bafokeng Platinum Limited (LM156Dec21) [2022] ZACT 49 (16 November 2022)

Court

Competition Tribunal

Case number

LM156Dec21

Judges

Y Carrim, A Ndoni, I Valodia

The Competition Tribunal approved the merger between Impala Platinum Holdings Limited and Royal Bafokeng Platinum Limited without conditions.

• Merger Clearance
• Section 16 Competition Act
• Competition Tribunal Procedure
• Merger-clearance
• Competition-act
• Competition-tribunal-procedure

Orviscene (Pty) Ltd v Makrogate Ltd (LM166Dec20)

Orviscene (Pty) Ltd v Makrogate Ltd (LM166Dec20) [2020] ZACT 107 (18 December 2020)

Court

Competition Tribunal

Case number

LM166Dec20

Judges

M Mazwai, E Daniels, AW Wessels

The Competition Tribunal approved the merger between Orviscene (Pty) Ltd and Makrogate Ltd and ordered issuance of a Merger Clearance Certificate.

• Merger Clearance
• Competition Act Section 16
• Merger Notification
• Competition Tribunal Procedure
• Merger-clearance
• Competition-act-section-16

Senwes Ltd v Competition Commission of South Africa (118/2010)

Senwes Ltd v Competition Commission of South Africa (118/2010) [2011] ZASCA 99; [2011] 1 CPLR 1 (SCA) (1 June 2011)

Court

Supreme Court of Appeal

Case number

118/2010

Judges

Mpati, Brand, Lewis, Bosielo, Seriti

The Supreme Court of Appeal held that the Competition Tribunal and the Competition Appeal Court erred in finding Senwes guilty of margin squeeze under s 8(c) of the Competition Act when such conduct was not covered by the referral. The referral focused on differential tariffs between farmers and traders, not on discrimination between Senwes' trading arm and other traders. The Tribunal, as a statutory body, is limited to adjudicating matters referred to it and may not expand its inquiry beyond the referral, except by amendment or agreement. Evidence and findings relating to margin squeeze were…

Source excerpt

• Margin Squeeze
• Exclusionary Conduct
• Dominant Firm
• Competition Tribunal Procedure
• Referral Scope