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South Africa Case Law

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Competition Law [2023] ZACT 18

Manta Bidco v Mediclinic International PLC (LM106Sep22)

Manta Bidco v Mediclinic International PLC (LM106Sep22) [2023] ZACT 18 (24 March 2023)

The Competition Tribunal approved Manta Bidco’s acquisition of Mediclinic subject to extensive public interest and information-sharing conditions.

  • Public Interest Conditions
  • Merger Control
  • Enterprise Development
  • Employment Protection
  • Information Sharing
  • Merger-control
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Competition Law [2022] ZACAC 5

Tourvest Holdings (Pty) Ltd v Competition Comission and Another (195/CAC/Oct21)

Tourvest Holdings (Pty) Ltd v Competition Comission and Another (195/CAC/Oct21) [2022] ZACAC 5; [2022] 2 CPLR 27 (CAC) (30 June 2022)

The Tribunal erred in its characterisation inquiry by failing to apply accepted competition law and economic principles. The correct approach is to assess whether the parties were actual or potential competitors absent the impugned agreement. The Trust lacked the capacity, eligibility, and infrastructure to compete independently and was not a competitor in the relevant market. The collaboration between Tourvest and the Trust was fully disclosed and did not have an anti-competitive object or effect. The submission of similar bids did not constitute collusive tendering under section 4(1)(b)(iii…

  • Collusive Tendering
  • Horizontal Relationship
  • Characterisation In Competition Law
  • Administrative Penalty
  • Enterprise Development
  • Bid Rigging
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Competition Law [2022] ZACT 16

ETG Chem FZE LLC v Cure-Chem South Africa (Pty) Ltd (LM114Nov21)

ETG Chem FZE LLC v Cure-Chem South Africa (Pty) Ltd (LM114Nov21) [2022] ZACT 16; [2022] 1 CPLR 8 (CT) (28 March 2022)

The Competition Tribunal conditionally approved ETG Chem FZE LLC’s acquisition of Cure-Chem South Africa, imposing public interest conditions on development spending.

  • Large Merger Review
  • Public Interest Conditions
  • Hdp Ownership
  • Skills Development
  • Enterprise Development
  • Competition-law
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Competition Law [2022] ZACT 50

DP World Logistics FZE v Imperial Logistics (LM070Sep21)

DP World Logistics FZE v Imperial Logistics (LM070Sep21) [2022] ZACT 50 (24 February 2022)

The Competition Tribunal conditionally approved DP World’s acquisition of Imperial Logistics, imposing public interest conditions on worker ownership, empowerment, and capital spending.

  • Merger Control
  • Public Interest Conditions
  • Employee Share Ownership
  • Enterprise Development
  • Black Economic Empowerment
  • Merger-control
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Competition Law [2021] ZACT 104

Competition Commission v SAAB Grintek Defence (Pty) Ltd (CR010Apr19; SA138Dec21)

Competition Commission v SAAB Grintek Defence (Pty) Ltd (CR010Apr19; SA138Dec21) [2021] ZACT 104 (8 December 2021)

The Competition Tribunal confirmed a settlement between the Competition Commission and SAAB Grintek Defence over alleged collusive tendering, imposing a R2 million penalty and compliance undertakings.

  • Collusive Tendering
  • Administrative Penalty
  • Enterprise Development
  • Section 4 1 B Iii
  • Consent Agreement
  • Compliance Programme
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Competition Law [2021] ZACT 62

Super Group Holdings (Pty) Ltd v Regional Wholesale Services (Pty) Ltd (LM035Jul21)

Super Group Holdings (Pty) Ltd v Regional Wholesale Services (Pty) Ltd (LM035Jul21) [2021] ZACT 62 (6 October 2021)

The Competition Tribunal unconditionally approved Super Group’s acquisition of control in Regional Wholesale Service, finding no substantial competition or public interest concerns.

  • Horizontal Merger
  • Market Share Analysis
  • Public Interest
  • B Bbbee Spending
  • Vertical Overlap
  • Enterprise Development
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Competition Law [2018] ZACT 12

K2017235138 (South Africa) (Pty) Ltd v Old Mutual Plc (LM179Sep17)

K2017235138 (South Africa) (Pty) Ltd v Old Mutual Plc (LM179Sep17) [2018] ZACT 12; [2018] 1 CPLR 283 (CT) (26 January 2018)

The Tribunal approved Old Mutual’s internal restructuring merger, subject to conditions on black economic empowerment, employment, and enterprise development.

  • Large Merger Notification
  • Public Interest Conditions
  • Black Economic Empowerment
  • Enterprise Development
  • Employment Commitments
  • 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.