Community Property Company (Pty) Ltd v Luvon Investments (Pty) Ltd and Twin City (Pty) Ltd (LM180Feb23) [2023] ZACT 47; [2023] 2 CPLR 19 (CT) (18 May 2023)
Court
Competition Tribunal
Case number
LM180Feb23
Judges
Geoff Budlender, Thando Vilakazi, Fiona Tregenna
The Competition Tribunal conditionally approved CPC’s acquisition of Sam Ntuli Mall, requiring removal of a Pick n Pay exclusivity clause.
Shoprite Checkers (Pty) Ltd v Masstores (Pty) Ltd and Another (2356/2016) [2016] ZAECGHC 52; [2016] 3 All SA 926 (ECG) (12 July 2016)
Court
Eastern Cape High Court, Grahamstown
Case number
2356/2016
Judge
M.J. Lowe
The court found that Shoprite's lease with Whirlprops conferred exclusive rights to operate a supermarket and sell fresh foods, fruit, and vegetables at the Plaza. Game, with knowledge of these rights, concluded a new lease and addendum in 2014 and 2016, expanding its entitlement to trade in fresh foods, thereby usurping Shoprite's exclusivity. The court held that this conduct constituted wrongful interference with Shoprite's contractual relationship with Whirlprops, satisfying the requirements for the Aquilian action: a wrongful act, interference in the contractual relationship, and intent (…
Vukile Property Fund Limited v Synergy Income Fund Limited (020040) [2015] ZACT 5 (16 January 2015)
Court
Competition Tribunal
Case number
020040
Judges
Norman Manoim, Yasmin Carrim, Mondo Mazwai
The Competition Tribunal unconditionally approved Vukile Property Fund Limited’s acquisition of control over Synergy Income Fund Limited or its property portfolio.
Fortress Income 2 (Pty) Ltd v Weskus Mall (019729) [2014] ZACT 72 (3 December 2014)
Court
Competition Tribunal
Case number
019729
Judges
Norman Manoim, Imraan Valodia, Andiswa Ndoni
The Competition Tribunal unconditionally approved Fortress Income 2 (Pty) Ltd’s acquisition of Weskus Mall, finding no substantial lessening of competition.
Octodec Investments Limited v Premium Properties Limited (019042) [2014] ZACT 74 (1 October 2014)
Court
Competition Tribunal
Case number
019042
Judges
Yasmin Carrim, Fiona Tregenna, Anton Roskam
The Competition Tribunal conditionally approved Octodec’s acquisition of Premium, requiring efforts to remove exclusivity clauses in anchor tenant leases.
Octodec Investments Limited v Premium Properties Limited (019042) [2014] ZACT 102 (1 October 2014)
Court
Competition Tribunal
Case number
019042
Judges
Yasmin Carrim, Fiona Tregenna, Anton Roskam
The Tribunal found that the proposed merger between Octodec Investments Limited and Premium Properties Limited was unlikely to substantially prevent or lessen competition in the relevant property markets, as post-merger market shares were generally low and vacant space provided competitive constraints. The only higher market share was in the C-Grade office property market in Johannesburg CBD, but this did not raise competition concerns. The Tribunal accepted the Commission's public interest concerns regarding exclusivity clauses in anchor tenant leases, which could restrict small businesses f…
Absa Bank Ltd v Bytes Technology Group South Africa Pty Ltd ("Bytes") in relation to certain automated teller machines and their related sites owned by Bytes (018945) [2014] ZACT 53; [2015] 1 CPLR 225 (CT) (26 August 2014)
Court
Competition Tribunal
Case number
018945
Judges
Takalani Madima, Anton Roskam, Fiona Tregenna
The Competition Tribunal approved ABSA’s purchase of 913 ATM sites from Bytes unconditionally, finding no substantial lessening of competition and no public interest concerns.
Hyprop investments Ltd v Sycom Property Fund Managers Ltd (016683) [2013] ZACT 86; [2013] 2 CPLR 530 (CT) (7 August 2013)
Court
Competition Tribunal
Case number
016683
Judges
Andreas Wessels, Mondo Mazwai, Anton Roskam
The Competition Tribunal conditionally approved Hyprop’s acquisition of Somerset Mall, requiring negotiations to remove a Pick ’n Pay exclusivity clause.
Sycom Property Fund Collective Investment Scheme in Property v AECI Pension Fund in respect of the property letting enterprise known as “Somerset Mall” and in Somerset Mall Property Management Company (Pty) Ltd (016659) [2013] ZACT 85; [2013] 2 CPLR 565 (CT) (7 August 2013)
Court
Competition Tribunal
Case number
016659
Judges
Andreas Wessels, Mondo Mazwai, Anton Roskam
The Tribunal conditionally approved Sycom’s acquisition of AECI Pension Fund’s remaining share in Somerset Mall, requiring negotiations over a Pick ’n Pay exclusivity clause.
Accelerate Property Fund Ltd v 15 Letting Enterprises being sold by Fourways Precinct (Pty) Ltd (16170) [2013] ZACT 28; [2013] 2 CPLR 519 (CT) (17 April 2013)
Court
Competition Tribunal
Case number
016170
Judges
Andreas Wessels, Medi Mokuena, Mondo Mazwai
The Competition Tribunal conditionally approved Accelerate Property Fund’s acquisition of 15 letting enterprises, imposing conditions on exclusivity clauses affecting small business access.
