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South Africa decisions
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Takatso Aviation (Pty) Ltd v South African Airways State Owned Company Ltd (LM054Jun22) [2023] ZACT 45 (25 July 2023)
The Competition Tribunal approved Takatso Aviation’s acquisition of control of South African Airways, subject to employment, divestiture, and reporting conditions.
ECP Africa Fund IV LLC and Others v Competition Commission Of South Africa (IM053Aug21) [2021] ZACT 99 (29 September 2021)
The Tribunal approved the Burger King merger after enhancing conditions on empowerment, employment, divestiture of the meat plant, and long-term supply arrangements.
Nestle SA v Infant Nutrition Business of Pfizer Inc (65/LM/Jun12) [2013] ZACT 16; [2013] 1 CPLR 257 (CT) (18 March 2013)
The Tribunal conditionally approved Nestlé’s acquisition of Pfizer’s infant nutrition business, accepting a transitional re-branding remedy to address concentration concerns.
Investec Bank Ltd v RJ Southey (Pty) Ltd (128/LM/Nov07) [2009] ZACT 7; [2009] 1 CPLR 154 (CT) (30 January 2009)
The Tribunal approved Investec’s merger with RJ Southey subject to divestiture and non-influence conditions, and later refused Investec Corporate Finance’s role in the sale process.
Lafarge Roofing (Pty) Ltd and Kulu Concrete Products and Others (63/LM/Jul06) [2007] ZACT 41; [2007] 2 CPLR 314 (CT) (18 June 2007)
The Tribunal found that the relevant product market is the manufacture and supply of concrete roof tiles, not the broader market for pitched roof coverings. Alternative roofing materials, such as steel, do not exert sufficient competitive discipline on concrete tiles due to significant price differentials, differing customer perceptions, and distinct input cost drivers. The geographic markets were defined as Gauteng, Western Cape, and Greater Durban (KwaZulu-Natal), with the latter refined to a coastal market centered around Durban. In Gauteng, despite high concentration post-merger, entry ba…
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Boart Longyear (a division of Anglo Operations Limited) and Huddy (Pty) Ltd / Huddy Rock Tools (Pty) Ltd (41/LM/Aug03) [2004] ZACT 2; [2004] 1 CPLR 81 (CT) (20 January 2004)
The Tribunal conditionally approved Boart Longyear’s acquisition of Huddy, finding no competition harm in most markets but monopoly risk in pneumatic drills.
Astral Foods Limited and National Chick Limited (1) (69/AM/Dec01) [2002] ZACT 25 (16 April 2002)
The Tribunal conditionally approved Astral’s acquisition of Natchix, imposing supply, non-discrimination, and divestiture conditions to address foreclosure risks.
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