South Africa Case Law

Lafarge Roofing (Pty) Ltd and Kulu Concrete Products and Others (63/LM/Jul06)

Lafarge Roofing (Pty) Ltd and Kulu Concrete Products and Others (63/LM/Jul06) [2007] ZACT 41; [2007] 2 CPLR 314 (CT) (18 June 2007)

Court

Competition Tribunal

Case number

63/LM/Jul06

Judges

N Manoim, Y Carrim, M Mokuena

The Tribunal found that the relevant product market is the manufacture and supply of concrete roof tiles, not the broader market for pitched roof coverings. Alternative roofing materials, such as steel, do not exert sufficient competitive discipline on concrete tiles due to significant price differentials, differing customer perceptions, and distinct input cost drivers. The geographic markets were defined as Gauteng, Western Cape, and Greater Durban (KwaZulu-Natal), with the latter refined to a coastal market centered around Durban. In Gauteng, despite high concentration post-merger, entry ba…

Source excerpt

• Horizontal Merger
• Market Definition
• Entry Barriers
• Remedies
• Herfindahl Hirschman Index
• Divestiture

Standard Bank of South Africa Ltd and RCS Investment Holdings (Pty) Ltd (90/LM/Sep05)

Standard Bank of South Africa Ltd and RCS Investment Holdings (Pty) Ltd (90/LM/Sep05) [2005] ZACT 88 (29 November 2005)

Court

Competition Tribunal

Case number

90/LM/Sep05

Judges

N Manoim, Y Carrim, M Holden

The Competition Tribunal approved Standard Bank’s acquisition of a 45% stake in RCS, finding no substantial competition or public interest concerns.

• Large Merger Review
• Market Definition
• Joint Control
• Market Share Analysis
• Entry Barriers
• Large-merger-review

Used Equipment Company (Pty) Ltd and Barloworld Equipment (Pty) Ltd and BLC Plant Company (Pty) Ltd (20/LM/Apr03)

Used Equipment Company (Pty) Ltd and Barloworld Equipment (Pty) Ltd and BLC Plant Company (Pty) Ltd (20/LM/Apr03) [2003] ZACT 29 (4 June 2003)

Court

Competition Tribunal

Case number

20/LM/Apr03

Judges

D. Lewis, U. Bhoola, L. Reyburn

The Tribunal approved a joint venture between Used Equipment Company, Barloworld Equipment and BLC Plant Company, finding no substantial lessening of competition.

• Merger Clearance
• Market Definition
• Entry Barriers
• Public Interest
• Joint Venture
• Merger-clearance

Schumann Sasol (South Africa) (Pty) Ltd and Price's Daelite (Pty) Ltd (23/LM/May01)

Schumann Sasol (South Africa) (Pty) Ltd and Price's Daelite (Pty) Ltd (23/LM/May01) [2001] ZACT 28 (18 July 2001)

Court

Competition Tribunal

Case number

23/LM/May01

Judges

D.H. Lewis, M. Holden, U. Bhoola

The Tribunal prohibited Schumann Sasol’s acquisition of Price’s Daelite, finding the vertical merger would raise entry barriers and lessen competition in wax and candles.

• Vertical Merger
• Market Concentration
• Entry Barriers
• Failing Firm Defence
• Predatory Pricing
• Public Interest