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)
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