South Africa Case Law

Community Healthcare Holdings (Pty) Ltd / Cornucopia (Pty) Ltd and Competition Commission and Others (105/LM/Dec04)

Community Healthcare Holdings (Pty) Ltd / Cornucopia (Pty) Ltd and Competition Commission and Others (105/LM/Dec04) [2005] ZACT 11; [2005] 1 CPLR 285 (CT) (16 February 2005)

Court

Competition Tribunal

Case number

105/LM/Dec04

Judges

Norman Manoim, David Lewis, Thandi Orleyn

The Tribunal found that the current merger proceedings were not a continuation of the prior Medi Clinic proceedings, but a new matter requiring a fresh application for intervention. The applicants failed to demonstrate a material interest or any value they could add to the Tribunal's inquiry. Their arguments were vague, repetitive, and focused on their own commercial interests rather than competition or public interest concerns. The Tribunal emphasised that intervention is not granted merely by parroting statutory language or asserting commercial disadvantage. The applicants did not provide u…

Source excerpt

• Merger Control
• Intervention Rights
• Public Interest
• Empowerment
• Material Interest
• Scheme Of Arrangement

Nedbank Limited and Fasic Africa (Pty) Limited (89/LM/Dec02)

Nedbank Limited and Fasic Africa (Pty) Limited (89/LM/Dec02) [2004] ZACT 3 (20 January 2004)

Court

Competition Tribunal

Case number

89/LM/Dec02

Judges

N. Manoim, L. Reyburn, T. Orleyn

The Competition Tribunal approved Nedbank’s substitution for BoE Bank and unconditionally cleared Nedbank’s acquisition of Fasic Africa, finding no competition overlap or public interest concern.

• Large Merger Review
• Public Interest Considerations
• Pre Emptive Rights
• Empowerment
• Banks Act Compliance
• Large-merger-review

Anglo American Holdings Ltd and Kumba Resources Ltd / Industrial Development Corporation (intervening) (46/LM/Jun02)

Anglo American Holdings Ltd and Kumba Resources Ltd / Industrial Development Corporation (intervening) (46/LM/Jun02) [2003] ZACT 45 (4 September 2003)

Court

Competition Tribunal

Case number

46/LM/Jun02

Judges

N. Manoim, M.T.K. Moerane, M. Holden

The Tribunal approved Anglo American’s merger with Kumba, finding acquisition of control, no substantial competition harm, and no public-interest bar, subject to a directorship condition.

• Merger Control
• Public Interest Evaluation
• Acquisition Of Control
• Empowerment
• Vertical And Horizontal Effects
• Merger-control