Tourvest Holdings (Pty) Ltd v Competition Comission and Another (195/CAC/Oct21) [2022] ZACAC 5; [2022] 2 CPLR 27 (CAC) (30 June 2022)
Court
Competition Appeal Court
Case number
195/CAC/Oct21
Judges
D Fisher, M Victor, L Nuku
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…
ETG Chem FZE LLC v Cure-Chem South Africa (Pty) Ltd (LM114Nov21) [2022] ZACT 16; [2022] 1 CPLR 8 (CT) (28 March 2022)
Court
Competition Tribunal
Case number
LM114Nov21
Judges
I Valodia, E Daniels, L Mncube
The Competition Tribunal conditionally approved ETG Chem FZE LLC’s acquisition of Cure-Chem South Africa, imposing public interest conditions on development spending.
DP World Logistics FZE v Imperial Logistics (LM070Sep21) [2022] ZACT 50 (24 February 2022)
Court
Competition Tribunal
Case number
LM070Sep21
The Competition Tribunal conditionally approved DP World’s acquisition of Imperial Logistics, imposing public interest conditions on worker ownership, empowerment, and capital spending.
Competition Commission v SAAB Grintek Defence (Pty) Ltd (CR010Apr19; SA138Dec21) [2021] ZACT 104 (8 December 2021)
Court
Competition Tribunal
Case number
CR010Apr19/SA138Dec21
Judges
Y Carrim, E Daniels, I Valodia
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.
Super Group Holdings (Pty) Ltd v Regional Wholesale Services (Pty) Ltd (LM035Jul21) [2021] ZACT 62 (6 October 2021)
Court
Competition Tribunal
Case number
LM035Jul21
Judges
AW Wessels, I Valodia, A Ndoni
The Competition Tribunal unconditionally approved Super Group’s acquisition of control in Regional Wholesale Service, finding no substantial competition or public interest concerns.
K2017235138 (South Africa) (Pty) Ltd v Old Mutual Plc (LM179Sep17) [2018] ZACT 12; [2018] 1 CPLR 283 (CT) (26 January 2018)
Court
Competition Tribunal
Case number
LM179Sep17
Judges
Norman Manoim, AW Wessels, Medi Mokuena
The Tribunal approved Old Mutual’s internal restructuring merger, subject to conditions on black economic empowerment, employment, and enterprise development.