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South Africa Case Law

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Competition Law [2022] ZACT 70

Clover S.A (Pty) Ltd v The Milk Procurement Business of Dairy Farmers of South Africa (Pty) Ltd (LM092Aug22)

Clover S.A (Pty) Ltd v The Milk Procurement Business of Dairy Farmers of South Africa (Pty) Ltd (LM092Aug22) [2022] ZACT 70; [2023] 1 CPLR 8 (CT) (1 December 2022)

The Competition Tribunal conditionally approved Clover S.A.’s acquisition of DFSA’s milk procurement business, subject to employment, procurement, and development conditions.

  • Merger Control
  • Public Interest Conditions
  • Employment Retrenchment
  • Hdp Shareholding
  • Milk Procurement Contracts
  • Merger-control
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Competition Law [2021] ZACT 90

Ultimo Properties (Pty) Ltd and Another v Part of the Rental Enterprises of Steinhoff Properties (Pty) Ltd and Others (LM189Jan21)

Ultimo Properties (Pty) Ltd and Another v Part of the Rental Enterprises of Steinhoff Properties (Pty) Ltd and Others (LM189Jan21) [2021] ZACT 90 (10 March 2021)

The Competition Tribunal approved a merger subject to employment-related conditions, finding no substantial lessening of competition and addressing possible retrenchments.

  • Large Merger Review
  • Public Interest Conditions
  • Employment Retrenchment
  • Horizontal Overlap
  • Merger Clearance Certificate
  • Large-merger-review
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Competition Law [2020] ZACT 11

Capitalworks Atlanta GP (Pty) Ltd v Peregrine Holdings Ltd (LM021May20)

Capitalworks Atlanta GP (Pty) Ltd v Peregrine Holdings Ltd (LM021May20) [2020] ZACT 11 (20 August 2020)

The Competition Tribunal conditionally approved Capitalworks’ acquisition of Peregrine, imposing a two-year moratorium on merger-related retrenchments.

  • Merger Control
  • Public Interest
  • Employment Retrenchment
  • Broad Based Black Economic Empowerment
  • Merger-control
  • Public-interest
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Competition Law [2019] ZACT 17

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)

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
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Competition Law [2018] ZACT 67

Pioneer Foods (Pty) Ltd v Heinz Foods South Africa (Pty) Ltd (LM255Dec17)

Pioneer Foods (Pty) Ltd v Heinz Foods South Africa (Pty) Ltd (LM255Dec17) [2018] ZACT 67; [2018] 1 CPLR 293 (CT) (2 July 2018)

Competition Tribunal conditionally approved Pioneer Foods’ acquisition of Heinz Foods South Africa, imposing employment protections and limits on retrenchments.

  • Large Merger Review
  • Vertical Relationships
  • Public Interest Conditions
  • Employment Retrenchment
  • Local Manufacturing Impact
  • Competition-law
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Competition Law [2015] ZACT 88

Louis Dreyfus Commodities Africa (Pty) Ltd and Another v Best Milling (Pty) Ltd and Others (LM050Jun15)

Louis Dreyfus Commodities Africa (Pty) Ltd and Another v Best Milling (Pty) Ltd and Others (LM050Jun15) [2015] ZACT 88; [2015] 2 CPLR 653 (CT) (30 July 2015)

The Competition Tribunal conditionally approved a merger giving joint control of the Kromdraai Group, with conditions limiting retrenchments and protecting affected employees.

  • Merger Control
  • Vertical Integration
  • Public Interest Conditions
  • Employment Retrenchment
  • Coordinated Effects
  • Grain Storage Market
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Competition Law [2014] ZACT 52

Bucket Full (Pty) Ltd v Cartons And Labels Business of Nampak Products Ltd (018457)

Bucket Full (Pty) Ltd v Cartons And Labels Business of Nampak Products Ltd (018457) [2014] ZACT 52 (6 August 2014)

The Tribunal conditionally approved Bucket Full’s acquisition of Nampak’s cartons and labels business, subject to a two-year ban on merger-related retrenchments.

  • Horizontal Merger
  • Market Concentration
  • Public Interest
  • Employment Retrenchment
  • Countervailing Power
  • Moratorium On Retrenchment
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Competition Law [2014] ZACT 105

Arrowhead Properties Limited v Vividend Income Fund Limited (018929)

Arrowhead Properties Limited v Vividend Income Fund Limited (018929) [2014] ZACT 105 (24 July 2014)

The Competition Tribunal approved Arrowhead’s takeover of Vividend, finding no substantial competition harm but imposing a three-year ban on retrenching 21 employees.

  • Merger Control
  • Public Interest
  • Employment Retrenchment
  • Horizontal Overlap
  • Market Definition
  • Merger-control
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Competition Law [2014] ZACT 12

Arrowhead Properties Limited v Vividend Income Fund Limited (018929)

Arrowhead Properties Limited v Vividend Income Fund Limited (018929) [2014] ZACT 12 (24 July 2014)

The Competition Tribunal conditionally approved Arrowhead’s acquisition of Vividend, finding limited competition concerns but imposing a three-year ban on retrenching 21 employees.

  • Merger Control
  • Public Interest
  • Employment Retrenchment
  • Horizontal Overlap
  • Merger-control
  • Public-interest
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Competition Law [2013] ZACT 11

Glencore International PLC v Xstrata PLC (33/LM/Mar12)

Glencore International PLC v Xstrata PLC (33/LM/Mar12) [2013] ZACT 11; [2013] 1 CPLR 191 (CT) (6 March 2013)

The Competition Tribunal conditionally approved Glencore’s acquisition of Xstrata, imposing employment conditions and finding no merger-specific competition harm.

  • Large Merger Review
  • Public Interest Conditions
  • Coal Market Delineation
  • Employment Retrenchment
  • Export Parity Pricing
  • Merger-control
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.