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South Africa Case Law

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Competition Law [2021] ZACT 6

Senwesbel Limited & Senwes Limited v Suidwes Holdings (Pty) Limited (LM001Apr20)

Senwesbel Limited & Senwes Limited v Suidwes Holdings (Pty) Limited (LM001Apr20) [2021] ZACT 6 (12 April 2021)

The Tribunal conditionally approved Senwesbel and Senwes’s acquisition of Suidwes, finding the evidence on market definition and competition harm inconclusive.

  • Large Merger Review
  • Failing Firm Defence
  • Market Definition
  • Divestiture Remedies
  • Public Interest Benefits
  • Agricultural Sector Merger
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Competition Law [2020] ZACT 89

Marinvest SRL v Messina and Others (LM122OCT19)

Marinvest SRL v Messina and Others (LM122OCT19) [2020] ZACT 89 (24 August 2020)

The Competition Tribunal conditionally approved Marinvest’s acquisition of stakes in Messina and RORO Italia, citing a failing-firm scenario and imposing behavioural and public interest conditions.

  • Merger Control
  • Market Concentration
  • Behavioural Remedies
  • Public Interest Conditions
  • Failing Firm Defence
  • Merger-control
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Competition Law [2015] ZACT 135

Real Beverage Company (Pty) Ltd v DairyBelle (Pty) Ltd's Yoghurt and Ultra High Temperature Milk Businesses (018879)

Real Beverage Company (Pty) Ltd v DairyBelle (Pty) Ltd's Yoghurt and Ultra High Temperature Milk Businesses (018879) [2015] ZACT 135; [2016] 1 CPLR 289 (CT) (19 January 2015)

The Competition Tribunal conditionally approved Clover’s acquisition of DairyBelle’s yoghurt and UHT milk businesses, imposing supply and employment conditions.

  • Merger Control
  • Public Interest Employment
  • Market Definition
  • Buyer Power
  • Horizontal Overlap
  • Failing Firm Defence
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Competition Law [2013] ZACT 6

Kenilworth Racing Pty (Ltd) v Gold Circle Pty (Ltd); Thoroughbred Horseracing Trust v Kenilworth Racing Pty (Ltd) (36/AM/Apr12)

Kenilworth Racing Pty (Ltd) v Gold Circle Pty (Ltd); Thoroughbred Horseracing Trust v Kenilworth Racing Pty (Ltd) (36/AM/Apr12) [2013] ZACT 6; [2013] 1 CPLR 117 (CT) (7 February 2013)

The Tribunal approved a merger in South African horseracing, finding no substantial lessening of competition but imposing a two-year retrenchment condition.

  • Merger Control
  • Failing Firm Defence
  • Market Definition
  • Foreclosure
  • Public Interest
  • Stakeholder Consultation
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Competition Law [2012] ZACT 59

Boxer Super Stores (Pty) Ltd v Target Firms under the control of Metcash Trading Africa (Pty) Ltd (32/LM/MAR12)

Boxer Super Stores (Pty) Ltd v Target Firms under the control of Metcash Trading Africa (Pty) Ltd (32/LM/MAR12) [2012] ZACT 59; [2012] 2 CPLR 427 (CT) (19 July 2012)

The Competition Tribunal unconditionally approved Boxer Super Stores’ acquisition of Metcash-controlled target firms, accepting a failing firm defence for the Cofimvaba store.

  • Large Merger Review
  • Failing Firm Defence
  • Market Definition
  • Horizontal Overlap
  • Public Interest Employment
  • Large-merger-review
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Competition Law [2006] ZACT 45

Supreme Health Administrators (Pty) Ltd / Network Healthcare Holdings Limited / Council for Medical Schemes and Competition Commission / Phodiclinics (Pty) Ltd / DJF Defty (Pty) Ltd and 10 Others (122/LM/Dec05)

Supreme Health Administrators (Pty) Ltd / Network Healthcare Holdings Limited / Council for Medical Schemes and Competition Commission / Phodiclinics (Pty) Ltd / DJF Defty (Pty) Ltd and 10 Others (122/LM/Dec05) [2006] ZACT 45; [2006] 1 CPLR 422 (CT) (26 May 2006)

The Tribunal exercised its discretion to grant Supreme Health, Netcare, and the Council for Medical Schemes leave to intervene in the merger proceedings. The Tribunal found that CMS had a clear material and substantial interest as mandated by statute. Netcare, as a major competitor, demonstrated sufficient interest and ability to assist the Tribunal. Supreme Health's directors possessed relevant knowledge, and their participation under the company's banner would better ventilate issues. The Tribunal rejected limiting the scope of intervention, finding that broad participation would assist its…

  • Merger Control
  • Failing Firm Defence
  • Market Concentration
  • Intervention Rights
  • Confidential Information Access
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Competition Law [2006] ZACT 102

Phodiclinics and Others v Protector Group Medical Services (Pty) Ltd (in Liquidation) and Others (122/LM/Dec05)

Phodiclinics and Others v Protector Group Medical Services (Pty) Ltd (in Liquidation) and Others (122/LM/Dec05) [2006] ZACT 102 (21 February 2006)

The Tribunal approved Medi-Clinic’s acquisition of New Protector’s hospital assets, finding the target was a failed firm and that any competition loss was outweighed.

  • Failing Firm Defence
  • Merger Control
  • Market Definition
  • Barriers To Entry
  • Countervailing Power
  • Preferred Provider Agreements
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Competition Law [2005] ZACT 4

Bytes Technology Group SA (Pty) Ltd and CS Computer Services Holdings Ltd (66/LM/Sep04)

Bytes Technology Group SA (Pty) Ltd and CS Computer Services Holdings Ltd (66/LM/Sep04) [2005] ZACT 4 (17 January 2005)

The Competition Tribunal approved a large merger between Bytes Technology Group SA and CS Computer Services Holdings without conditions.

  • Merger Control
  • Dominance
  • Market Definition
  • Public Interest
  • Failing Firm Defence
  • Merger-control
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Competition Law [2002] ZACT 17

ISCOR Limited and Saldanha Steel (Pty) Ltd (67/LM/Dec01)

ISCOR Limited and Saldanha Steel (Pty) Ltd (67/LM/Dec01) [2002] ZACT 17 (4 April 2002)

The Competition Tribunal approved Iscor’s acquisition of IDC’s 50% stake in Saldanha Steel, finding Saldanha was a failing firm and imposing conditions to address vertical concerns.

  • Failing Firm Defence
  • Horizontal Merger
  • Vertical Merger Effects
  • Public Interest
  • Market Definition
  • Supply Arrangements
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Competition Law [2002] ZACT 13

Shell South Africa (Pty) Ltd and Tepco Petroleum (Pty) Ltd (66/LM/Oct01)

Shell South Africa (Pty) Ltd and Tepco Petroleum (Pty) Ltd (66/LM/Oct01) [2002] ZACT 13 (22 February 2002)

The Tribunal approved Shell South Africa’s merger with Tepco Petroleum without conditions, finding no substantial lessening of competition and rejecting proposed public-interest conditions.

  • Large Merger Review
  • Public Interest Assessment
  • Black Economic Empowerment
  • Market Concentration
  • Failing Firm Defence
  • Large-merger-review
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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.