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South Africa Case Law

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Competition Law [2018] ZACT 78

African Rainbow Capital Fund v Fledge Capital (Pty) Ltd (LM236Nov17)

African Rainbow Capital Fund v Fledge Capital (Pty) Ltd (LM236Nov17) [2018] ZACT 78 (8 May 2018)

The Competition Tribunal conditionally approved ARC Fund’s acquisition of control in Fledge Capital, finding merger-related competition risks were addressed by conditions.

  • Merger Control
  • Coordinated Conduct
  • Information Sharing
  • Public Interest
  • B Bbbee Compliance
  • Merger-control
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Competition Law [2012] ZACT 65

Business Venture Investments No. 1624 (Pty) Ltd and Another v Waco Africa (Pty) Ltd and Another (54/LM/May12)

Business Venture Investments No. 1624 (Pty) Ltd and Another v Waco Africa (Pty) Ltd and Another (54/LM/May12) [2012] ZACT 65; [2012] 2 CPLR 440 (CT) (30 July 2012)

The Competition Tribunal conditionally approved a merger involving Waco Africa, imposing safeguards to prevent coordinated conduct through RMB-linked board representation.

  • Merger Control
  • Coordinated Conduct
  • Private Equity Investment
  • Information Exchange
  • Merger-control
  • Coordinated-conduct
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Competition Law [2006] ZACT 54

Samancor Manganese (Pty) Ltd and Advalloy (Pty) Ltd (32/LM/Apr06)

Samancor Manganese (Pty) Ltd and Advalloy (Pty) Ltd (32/LM/Apr06) [2006] ZACT 54 (5 July 2006)

The Tribunal unconditionally approved Samancor Manganese’s acquisition of Mitsui’s 50% stake in Advalloy, finding no foreclosure, coordination, or public interest concerns.

  • Vertical Merger
  • Input Foreclosure
  • Coordinated Conduct
  • Market Definition
  • Public Interest
  • Vertical-merger
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Competition Law [2002] ZACT 40

Mondi Limited and Kohler Cores and Tubes a division of Kohler Packaging Limited (06/LM/Jan02)

Mondi Limited and Kohler Cores and Tubes a division of Kohler Packaging Limited (06/LM/Jan02) [2002] ZACT 40 (20 June 2002)

The Competition Tribunal prohibited Mondi’s acquisition of Kohler’s cores and tubes division, finding likely foreclosure, coordination, and lessened competition.

  • Vertical Merger
  • Input Foreclosure
  • Customer Foreclosure
  • Coordinated Conduct
  • Market Definition
  • Dominance
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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.