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ApexHi Properties Limited and Prima Property Trust (68/LM/Jul05) [2005] ZACT 80 (10 November 2005)
The Competition Tribunal approved the merger between ApexHi Properties Limited and Prima Property Trust, finding no basis on the record for anticompetitive effects or public interest concerns.
Johnnic Holdings Limited and Hosken Consolidated Investments Limited CC (65/FN/Jul05) [2005] ZACT 69; [2005] 2 CPLR 508 (CT) (21 October 2005)
The Tribunal found that HCI's 40% shareholding in Johnnic did not constitute control under section 12(2)(g) of the Competition Act, given the presence of substantial and experienced institutional shareholders holding the majority of shares and the lack of board representation or voting arrangements by HCI. There was no evidence of joint control with shareholders who had given irrevocable undertakings to sell shares. The Tribunal distinguished the present case from the Gold Fields/Harmony cases, noting the absence of a voting agreement or coalition that would guarantee control. The Tribunal he…
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