Caxton and CTP Publishers and Printers Limited and Others v MultiChoice Proprietary Limited and Others (140/CAC/MAR16)
Caxton and CTP Publishers and Printers Limited and Others v MultiChoice Proprietary Limited and Others (140/CAC/MAR16) [2016] ZACAC 3; [2016] 1 CPLR 1 (CAC) (24 June 2016)
The court held that the agreement between MultiChoice and SABC did not constitute a merger as defined in section 12 of the Competition Act. The exclusive licensing of SABC's entertainment channel to MultiChoice, while significant, did not amount to a transfer of a discrete business or productive capacity, as the content represented a minor portion of SABC's archive and SABC retained ownership and operational control. The five-year duration of the agreement was not sufficiently permanent to alter market structure or confer lasting control. Regarding the encryption clause, the court found that…
Source excerpt
- Merger Notification
- Acquisition Of Control
- Exclusive Licensing
- Broadcasting Regulation
- Public Interest
- Encryption Policy