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South Africa decisions
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Sasol Pension Fund and Others v Eden Meander C/O Accelerate Property Fund Ltd (LM142Dec23) [2024] ZACT 44 (25 March 2024)
The Competition Tribunal conditionally approved a large merger for Eden Meander, finding no geographic overlap and imposing HDP-related outsourcing conditions.
Astron Energy (Pty) Limited v Vitol Emerald Bidco (Pty) Ltd and Others (LM196Mar23/INT123Nov23; LM196Mar23CNF135Nov23) [2024] ZACT 3 (15 January 2024)
The Competition Tribunal granted Astron Energy leave to intervene in the Engen/Vitol merger proceedings, limited to specified foreclosure, employment, and merger-condition issues.
Joint Venture Firm to be Incorporated v New H Powertrain Holding S.L.U (LM091Sep23) [2023] ZACT 81 (5 December 2023)
The Competition Tribunal unconditionally approved a large merger creating a joint venture between Renault and Geely to develop and supply global powertrain solutions.
Twin City Trading 2 (Pty) Ltd v Castle Gate (Pty) Ltd and Another (LM004Apr23) [2023] ZACT 28; [2023] 3 CPLR 45 (CT) (17 July 2023)
The Tribunal found that the proposed transaction, involving Twin City Trading acquiring a 30% undivided share in the rental enterprises of Castle Gate and Club Retail, should be treated as a single indivisible merger due to the interlinked agreements and common control. The Tribunal agreed with the Commission that the merger would not substantially prevent or lessen competition in the market for lettable retail property, regardless of the precise market definition, given the low post-merger market share and the availability of alternative shopping centres within close proximity. The Tribunal…
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Infinity Renewable Energy B.V. v Actis Sky B.V. and Lekela Power B.V (LM128Oct22) [2022] ZACT 55 (21 November 2022)
The Competition Tribunal unconditionally approved Infinity Renewable Energy B.V.’s acquisition of Actis Sky B.V. and Lekela Power B.V., finding no competition or public interest harm.
Emira Property Fund Ltd v Transcend Residential Property Fund Ltd (LM088Aug22) [2022] ZACT 35; [2024] 1 CPLR 6 (CT) (4 November 2022)
The Competition Tribunal unconditionally approved Emira Property Fund Ltd’s acquisition of Transcend Residential Property Fund Ltd, finding no material competition or public interest concerns.
Futuregrowth Asset Management (Pty) Ltd v Fruitone Holdings (Pty) Ltd (LM047May22) [2022] ZACT 20 (3 August 2022)
The Competition Tribunal unconditionally approved Futuregrowth’s acquisition of a joint controlling stake in Fruitone, finding no competition or public interest concerns.
Bopa Moruo Fund II (Pty) Ltd and Others v ASOC I Bidco Three (Pty) Ltd (LM065Aug21) [2021] ZACT 66 (18 October 2021)
The Competition Tribunal unconditionally approved a large merger in which three investment firms acquired joint control of SkyNet SA through ASOC I Bidco.
Orviscene Proprietary Limited v Makrogate Limited (LM166Dec20) [2021] ZACT 2 (6 January 2021)
The Competition Tribunal unconditionally approved Orviscene’s acquisition of Makrogate’s rental enterprise, finding no substantial lessening of competition or public interest concerns.
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.
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