South Africa Case Law

Association of Mineworkers and Construction Union and Another v Competition Tribunal of South Africa and Others (169/CAC/Dec18)

Association of Mineworkers and Construction Union and Another v Competition Tribunal of South Africa and Others (169/CAC/Dec18) [2019] ZACAC 1 (17 May 2019)

Court

Competition Appeal Court

Case number

169/CAC/Dec18

Judges

Davis JP, Mguni JA, Vally JA

The court held that the Tribunal had properly considered public interest concerns, particularly employment, in approving the Sibanye-Lonmin merger. Only merger-specific retrenchments were relevant for imposing conditions, and the evidence showed that most proposed job losses were rationally connected to Lonmin's precarious financial position rather than the merger itself. The Tribunal's conditions, including the six-month moratorium on retrenchments and job-saving measures, were found to be reasonable and balanced against the risk of far greater job losses if the merger did not proceed. The c…

Source excerpt

• Public Interest Merger Conditions
• Employment Loss In Mergers
• Social Labour Plan Obligations
• Counterfactual Analysis
• Merger Specific Retrenchments

Vodacom (Pty) Ltd v Altech Autopage, A division of Altron TMT (Pty) Ltd (LM185Nov15)

Vodacom (Pty) Ltd v Altech Autopage, A division of Altron TMT (Pty) Ltd (LM185Nov15) [2016] ZACT 43; [2016] 1 CPLR 265 (CT) (18 April 2016)

Court

Competition Tribunal

Case number

LM185Nov15

Judges

Andreas Wessels, Andiswa Ndoni, Imraan Valodia

The Competition Tribunal conditionally approved Vodacom’s acquisition of Altech Autopage’s Vodacom subscriber base, imposing employment-related conditions.

• Merger Clearance
• Public Interest Employment
• Service Provider Channel
• Vertical And Horizontal Assessment
• Counterfactual Analysis
• Merger-clearance

Mobile Telephone Networks (Pty) Ltd v Altech Autopage, A division of Altron TMT (Pty) Ltd (LM182Nov15)

Mobile Telephone Networks (Pty) Ltd v Altech Autopage, A division of Altron TMT (Pty) Ltd (LM182Nov15) [2016] ZACT 39; [2016] 1 CPLR 192 (CT) (18 April 2016)

Court

Competition Tribunal

Case number

LM182Nov15

Judges

Andreas Wessels, Andiswa Ndoni, Imraan Valodia

The Tribunal approved MTN’s acquisition of Altech Autopage’s MTN subscriber base, but imposed employment-related conditions and limited Saicom’s participation.

• Merger Clearance
• Public Interest Employment
• Vertical And Horizontal Merger Assessment
• Counterfactual Analysis
• Third Party Intervention
• Merger-clearance