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South Africa Case Law

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Competition Law [2021] ZACT 110

DH Brothers Industries (Pty) Ltd and Another v Russellstone Protein (Pty) Ltd (LM061Jun20)

DH Brothers Industries (Pty) Ltd and Another v Russellstone Protein (Pty) Ltd (LM061Jun20) [2021] ZACT 110 (29 October 2021)

The Tribunal conditionally approved a joint venture merger in the soya meal market, finding the Commission had not proved likely coordinated effects or public interest harm.

  • Joint Venture Merger
  • Coordinated Effects
  • Market Concentration
  • Information Exchange
  • Public Interest Assessment
  • Remedies And Conditions
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Competition Law [2021] ZACT 51

Government Employees Pension Fund v Menlyn Maine Investment Holdings (Pty) Ltd (LM009Apr21)

Government Employees Pension Fund v Menlyn Maine Investment Holdings (Pty) Ltd (LM009Apr21) [2021] ZACT 51 (27 July 2021)

The Competition Tribunal unconditionally approved GEPF’s acquisition of sole control over Menlyn Maine Investment Holdings’ target property.

  • Large Merger
  • Coordinated Effects
  • Cross Shareholding
  • Information Sharing
  • Public Interest
  • Merger Clearance
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Competition Law [2018] ZACT 77

GroCapital Holdings (Pty) Ltd v South African Bank of Athens Ltd (LM065May18)

GroCapital Holdings (Pty) Ltd v South African Bank of Athens Ltd (LM065May18) [2018] ZACT 77 (21 September 2018)

The Competition Tribunal conditionally approved GroCapital’s acquisition of South African Bank of Athens, finding competition and public interest concerns were addressed by conditions.

  • Large Merger
  • Coordinated Effects
  • Information Exchange
  • Cross Directorships
  • Public Interest
  • Employment Impact
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Competition Law [2016] ZACT 69

Ferro South (Pty)Ltd v Revertex South Africa (LM261Mar16)

Ferro South (Pty)Ltd v Revertex South Africa (LM261Mar16) [2016] ZACT 69; [2016] 2 CPLR 851 (CT) (17 August 2016)

The Competition Tribunal approved Ferro’s acquisition of Revertex subject to divesting Arkem shares to address coordination risks in powder coatings.

  • Large Merger Review
  • Divestiture Conditions
  • Information Sharing
  • Horizontal Overlap
  • Coordinated Effects
  • Large-merger-review
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Competition Law [2015] ZACT 126

Pembani Group Proprietary v Shanduka Group Proprietary Limited (LM041Jun15)

Pembani Group Proprietary v Shanduka Group Proprietary Limited (LM041Jun15) [2015] ZACT 126; [2015] 2 CPLR 661 (CT) (18 September 2015)

The Competition Tribunal conditionally approved Pembani’s merger with Shanduka, imposing safeguards to prevent information exchange and cross-directorship risks in coal markets.

  • Large Merger Review
  • Horizontal Overlap
  • Coordinated Effects
  • Information Exchange
  • Public Interest Employment
  • Competition-law
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Competition Law [2015] ZACT 88

Louis Dreyfus Commodities Africa (Pty) Ltd and Another v Best Milling (Pty) Ltd and Others (LM050Jun15)

Louis Dreyfus Commodities Africa (Pty) Ltd and Another v Best Milling (Pty) Ltd and Others (LM050Jun15) [2015] ZACT 88; [2015] 2 CPLR 653 (CT) (30 July 2015)

The Competition Tribunal conditionally approved a merger giving joint control of the Kromdraai Group, with conditions limiting retrenchments and protecting affected employees.

  • Merger Control
  • Vertical Integration
  • Public Interest Conditions
  • Employment Retrenchment
  • Coordinated Effects
  • Grain Storage Market
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Competition Law [2015] ZACT 143

Diageo Africa B.V v Newshelf 1167 t/a United National Breweries SA (021196)

Diageo Africa B.V v Newshelf 1167 t/a United National Breweries SA (021196) [2015] ZACT 143 (28 May 2015)

The Competition Tribunal unconditionally approved Diageo’s acquisition of the remaining 50% of UNB, finding no likely substantial lessening of competition or public interest concerns.

  • Merger Control
  • Coordinated Effects
  • Public Interest
  • Market Structure
  • Merger-control
  • Coordinated-effects
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Competition Law [2015] ZACT 53

Fidelity Cash Solutions (Pty) Ltd and Others v Competition Commission, In re: Fidelity Cash Solutions (Pty) Ltd and Another v Protea Coin Group ( Assets in Transit And Armed Reaction) (Pty) Ltd (020545)

Fidelity Cash Solutions (Pty) Ltd and Others v Competition Commission, In re: Fidelity Cash Solutions (Pty) Ltd and Another v Protea Coin Group ( Assets in Transit And Armed Reaction) (Pty) Ltd (020545) [2015] ZACT 53; [2015] 1 CPLR 204 (CT) (27 May 2015)

The Tribunal conditionally approved an intermediate merger, imposing behavioural and employment safeguards to address coordination risks and substantial retrenchment concerns.

  • Intermediate Merger Review
  • Coordinated Effects
  • Public Interest Employment
  • Shareholding Structure
  • Merger Conditions
  • Intermediate-merger-review
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Competition Law [2014] ZACT 96

Caxton and CTP Publishers and Printers Limited v Media24 (Proprietary) Limited and Others (019323)

Caxton and CTP Publishers and Printers Limited v Media24 (Proprietary) Limited and Others (019323) [2014] ZACT 96; [2014] 2 CPLR 502 (CT) (18 August 2014)

The Competition Tribunal granted Caxton leave to intervene in merger proceedings, limited to specified competition and public interest issues, with confidentiality safeguards.

  • Merger Control
  • Public Interest
  • Confidential Information
  • Coordinated Effects
  • Merger-control
  • Public-interest
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Competition Law [2013] ZACT 111

Premier Group (Pty) Ltd v Border Star Bakery (Pty) Ltd and Others (017434)

Premier Group (Pty) Ltd v Border Star Bakery (Pty) Ltd and Others (017434) [2013] ZACT 111; [2013] 2 CPLR 557 (CT) (4 November 2013)

The Competition Tribunal approved Premier Group’s acquisition of five Eastern Cape bakeries, finding no material coordinated-effects, foreclosure, or public-interest concerns.

  • Horizontal Merger
  • Vertical Merger
  • Coordinated Effects
  • Foreclosure
  • Public Interest
  • Bread Market
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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.