South Africa Case Law

Sunside Acquisitions (Pty) Ltd v NBL Investment Holdings Ltd and Another (LM136Dec21)

Sunside Acquisitions (Pty) Ltd v NBL Investment Holdings Ltd and Another (LM136Dec21) [2023] ZACT 50 (8 March 2023)

Court

Competition Tribunal

Case number

LM136Dec21

Judges

M Mazwai, AW Wessels, L Mncube

The Tribunal approved the Sunside/Distell merger subject to extensive conditions, including Strongbow divestiture, employment protections, and public-interest commitments.

• Large Merger Review
• Divestiture Conditions
• Public Interest Commitments
• Employment Guarantees
• B Bbbee Ownership
• Supplier Development

Farmisco (Pty) Ltd t/a Kynoch Fertilizers v The Profert Cluster (LM176Sep18)

Farmisco (Pty) Ltd t/a Kynoch Fertilizers v The Profert Cluster (LM176Sep18) [2019] ZACT 17 (26 March 2019)

Court

Competition Tribunal

Case number

LM176Sep18

Judges

Enver Daniels, Mondo Mazwai, Fiona Tregenna

The Competition Tribunal approved Kynoch’s acquisition of the Profert Cluster without conditions, finding no substantial competition harm and rejecting a non-merger-specific divestiture condition.

• Merger Control
• Public Interest Assessment
• Divestiture Conditions
• Employment Retrenchment
• Merger-control
• Competition-law

Remgro International Holdings (Pty) Ltd v Capevin Holdings Limited (LM177Sep17)

Remgro International Holdings (Pty) Ltd v Capevin Holdings Limited (LM177Sep17) [2018] ZACT 40; [2018] 1 CPLR 319 (CT) (18 June 2018)

Court

Competition Tribunal

Case number

LM177Sep17

Judges

AW Wessels, Enver Daniels, Fiona Tregenna

The Competition Tribunal conditionally approved Remgro’s acquisition of Capevin, finding no substantial competition concerns and addressing public-interest divestiture conditions.

• Merger Control
• Public Interest Conditions
• Black Economic Empowerment
• Divestiture Conditions
• Merger-control
• Public-interest-conditions

Media24 (Pty) Ltd v Novus Holdings Limited (LM012Apr16)

Media24 (Pty) Ltd v Novus Holdings Limited (LM012Apr16) [2017] ZACT 52 (22 August 2017)

Court

Competition Tribunal

Case number

LM012Apr16

Judges

Norman Manoim, Andreas Wessels, Mondo Mazwai

The Tribunal conditionally approved Media24’s merger with Novus, requiring a divestment to 19%, termination of the management agreement, and print-contract limits.

• Merger Control
• Divestiture Conditions
• Input Foreclosure
• Information Exchange
• Public Interest
• Management Agreement Termination

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)

Court

Competition Tribunal

Case number

LM261Mar16

Judges

Norman Manoim, Imraan Valodia, Andiswa Ndoni

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

Bidvest Namibia Fisheries Holdings (Pty) Ltd v Foodcorp (Pty) Ltd in relation to its ownership of the Glenryck Brand (LM234Mar15)

Bidvest Namibia Fisheries Holdings (Pty) Ltd v Foodcorp (Pty) Ltd in relation to its ownership of the Glenryck Brand (LM234Mar15) [2015] ZACT 58; [2015] 1 CPLR 239 (CT) (20 May 2015)

Court

Competition Tribunal

Case number

LM234Mar15

Judges

Norman Manoim, Andiswa Ndoni, Medi Mokuena

The Tribunal found that the proposed transaction does not result in any horizontal overlap in the South African canned pilchard market, as Bidfish does not currently market a canned pilchard brand in South Africa. The Glenryck Brand, previously weakened by Foodcorp's exit from fishing operations, will be acquired by a vertically integrated firm with sufficient capacity to support and grow the brand. The transaction is likely to be pro-competitive, introducing a stronger competitor to challenge the dominant Lucky Star brand. The Commission's analysis confirmed that Bidfish's withdrawal of supp…

Source excerpt

• Merger Control
• Divestiture Conditions
• Vertical Integration
• Market Definition
• Public Interest
• Brand Sustainability

Oceana Group Ltd and Another v Competition Commission; In Re: Oceana Group Ltd v Foodcorp (Pty) Ltd (018101)

Oceana Group Ltd and Another v Competition Commission; In Re: Oceana Group Ltd v Foodcorp (Pty) Ltd (018101) [2014] ZACT 35; [2014] 1 CPLR 17 (CT) (11 June 2014)

Court

Competition Tribunal

Case number

018101

Judges

Yasmin Carrim, Imraan Valodia, Andiswa Ndoni

The Competition Tribunal conditionally approved Oceana’s acquisition of Foodcorp’s fishing business, requiring divestiture of the Glenryck brand and fishing rights.

• Merger Control
• Substantial Lessening Of Competition
• Barriers To Entry
• Public Interest
• Vertical Integration
• Divestiture Conditions

Afgri Operations Ltd v Pride Milling Company (Pty) Ltd (51/LM/Jul11)

Afgri Operations Ltd v Pride Milling Company (Pty) Ltd (51/LM/Jul11) [2012] ZACT 16; [2012] 1 CPLR 152 (CT) (16 January 2012)

Court

Competition Tribunal

Case number

35/LM/Apr11

Judges

Norman Manoim, Yasmin Carrim, Andreas Wessels

The Tribunal found that the proposed merger would result in highly concentrated markets in the retail of grocery and liquor in Nongoma and the wholesale of grocery and retail of liquor in Matatiele, leading to a substantial lessening or prevention of competition. The divestiture conditions, requiring the sale of the retail and liquor businesses in Nongoma and the wholesale and liquor businesses in Matatiele to independent third parties, were agreed upon by the merging parties and the Commission. The Tribunal concluded that these conditions were adequate to remedy the anti-competitive effects…

Source excerpt

• Merger Control
• Divestiture Conditions
• Market Definition
• Public Interest
• Market Concentration

Unilever Plc and Unilever N.V v Sara Lee Corporation (14/LM/MAR10)

Unilever Plc and Unilever N.V v Sara Lee Corporation (14/LM/MAR10) [2010] ZACT 86; [2010] 2 CPLR 380 (CT) (7 December 2010)

Court

Competition Tribunal

Case number

14/LM/MAR10

Judges

Yasmin Carrim, Andreas Wessels, Andiswa Ndoni

The Tribunal conditionally approved Unilever’s acquisition of Sara Lee, requiring divestiture of the Status brand and limits on South African retrenchments.

• Merger Control
• Divestiture Conditions
• Public Interest Employment
• Substantial Lessening Of Competition
• Merger-control
• Divestiture-conditions

Investec Bank Ltd v RJ Southey (Pty) Ltd (128/LM/Nov07)

Investec Bank Ltd v RJ Southey (Pty) Ltd (128/LM/Nov07) [2009] ZACT 7; [2009] 1 CPLR 154 (CT) (30 January 2009)

Court

Competition Tribunal

Case number

128/LM/Nov07

Judges

N Manoim, Y Carrim, M Mokuena

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.

• Merger Control
• Coordinated Effects
• Unilateral Effects
• Divestiture Conditions
• Market Definition
• Merger-control