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South Africa decisions
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Starsight Energy Africa v Solarafrica Energy (LM157Dec22) [2023] ZACT 11 (22 January 2023)
The Competition Tribunal conditionally approved Starsight Energy Africa’s acquisition of SolarAfrica Energy, finding no substantial competition harm but imposing conditions on public interest grounds.
Shoprite Checkers (Pty) Ltd v Trademarks (LM090Oct21) [2022] ZACT 1 (13 January 2022)
The Tribunal conditionally approved Shoprite’s acquisition of trademarks used by Mr Synodinos, adding conditions on future merger notification and franchise expansion.
Gatsby SPV Ltd vs Cell C Ltd (LM004Apr20) [2020] ZACT 32; [2020] 1 CPLR 350 (CT) (15 June 2020)
The Tribunal conditionally approved Gatsby SPV’s acquisition of certain Cell C assets, finding no substantial competition harm and imposing safeguards around the trust structure.
Gutsche Family Investment (Pty) Ltd v Fairfield (Pty) Ltd (LM180Sep17) [2018] ZACT 43 (21 February 2018)
The Competition Tribunal conditionally approved Gutsche Family Investment’s acquisition of Fairfield, with merger-notification and employment conditions.
Fidelity Security Services (Pty) Ltd v ADT Security Ltd (LM100Sep16) [2017] ZACT 38; [2017] 1 CPLR 248 (CT) (6 April 2017)
The Competition Tribunal conditionally approved Fidelity’s acquisition of ADT, finding limited competitive overlap and no public interest concerns, but requiring future small-merger notification.
Imerys South Africa (Pty) Ltd and Another v Competition Commission (147/CAC/Oct16, IM013May15) [2017] ZACAC 1; [2017] 1 CPLR 33 (CAC) (2 March 2017)
The Competition Appeal Court upheld a merger prohibition in the andalusite market, finding the proposed conditions did not adequately remove likely anti-competitive effects.
Imperial Holdings Limited v Itumelo Bus Lines Proprietary Limited (LM105Sep16) [2016] ZACT 119 (21 December 2016)
The Competition Tribunal conditionally approved Imperial Holdings’ acquisition of Itumelo Bus Lines, requiring amendments to an overbroad restraint of trade.
Die Vennootskap Bestaande Uit Anton SteynBerg v Vrystaat Dobbel en Drankowerheid and Another (2100/2015) [2015] ZANWHC 54 (28 August 2015)
The court held that proof of right of occupation is no longer a statutory requirement for the granting of a liquor licence under the Free State Gambling and Liquor Act, 6 of 2010. The respondents acted ultra vires by imposing a condition not prescribed by the Act and by issuing a conditional approval instead of a registration certificate. The Act does not provide for conditional approval; it requires the authority to either register or refuse to register the applicant. The requirement for proof of right of occupation was not a reasonable condition contemplated by section 29(2) of the Act, as…
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CA Sales Holdings (Pty) Ltd v SMC Brands SA (Pty) Ltd (017715) [2013] ZACT 105 (29 October 2013)
The Competition Tribunal conditionally approved CA Sales Holdings’ acquisition of SMC Brands SA, requiring re-notification if the call option is exercised after 31 October 2014.
Stefanutti Stocks (Pty) Ltd v Energotec (a division of First Strut) (Pty) Ltd (017590) [2013] ZACT 91; [2013] 2 CPLR 561 (CT) (23 August 2013)
The Competition Tribunal approved Stefanutti Stocks’ acquisition of Energotec, subject to employment conditions preventing retrenchments for two years, save for 16 identified posts.
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