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South Africa Case Law

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Competition Law [2016] ZACT 38

CTP Limited and Another v Competition Commission (IM232Feb16)

CTP Limited and Another v Competition Commission (IM232Feb16) [2016] ZACT 38; [2016] 1 CPLR 105 (CT) (11 May 2016)

The Tribunal approved a merger after finding the target was a failing firm in a declining CD/DVD market and rejecting a pricing cap remedy.

  • Failing Firm Doctrine
  • Merger Control
  • Unilateral Effects
  • Public Interest Considerations
  • Market Definition
  • Remedies And Conditions
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Competition Law [2010] ZACT 5

Santam Limited v Emerald Insurance Company Limited and Another (57/LM/Aug09)

Santam Limited v Emerald Insurance Company Limited and Another (57/LM/Aug09) [2010] ZACT 5; [2009] 2 CPLR 453 (CT) (27 January 2010)

The Tribunal approved Santam’s acquisition of Emerald and ERT without conditions, rejecting a failing firm claim and finding no substantial competition harm.

  • Merger Control
  • Failing Firm Doctrine
  • Market Definition
  • Countervailing Power
  • Solvency Requirements
  • Merger-control
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Competition Law [2007] ZACT 17

Phodiclinics (Pty) Ltd & Others and Protector Group Medical Services (Pty) Ltd & Others (122/LM/Dec05)

Phodiclinics (Pty) Ltd & Others and Protector Group Medical Services (Pty) Ltd & Others (122/LM/Dec05) [2007] ZACT 17 (21 February 2007)

The Tribunal unconditionally approved Medi-Clinic’s acquisition of the failing Protector hospital group, finding no substantial lessening of competition.

  • Failing Firm Doctrine
  • Merger Control
  • Market Definition
  • Barriers To Entry
  • Countervailing Power
  • Preferred Provider Agreements
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Competition Law [2004] ZACAC 1

JD Group Limited and Profurn Limited in re: JD Group Limited and Profurn Limited (28/CAC/May03)

JD Group Limited and Profurn Limited in re: JD Group Limited and Profurn Limited (28/CAC/May03) [2004] ZACAC 1; [2004] 1 CPLR 31 (CAC) (13 January 2004)

The Competition Appeal Court set aside merger conditions imposed on JD Group and Profurn, approving the merger without conditions.

  • Merger Control
  • Market Definition
  • Vertical Integration
  • Failing Firm Doctrine
  • Remedies And Conditions
  • Promotion Of Administrative Justice Act
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Competition Law [2003] ZACT 23

JD Group Limited and Profurn Limited (60/LM/Aug02)

JD Group Limited and Profurn Limited (60/LM/Aug02) [2003] ZACT 23 (29 April 2003)

The Tribunal conditionally approved JD Group’s merger with Profurn, finding the deal would not itself cause the key competitive harm because Profurn’s lower-end businesses were already terminally declining.

  • Large Merger Review
  • Failing Firm Doctrine
  • Vertical Integration
  • Market Definition
  • Public Interest
  • Remedies And Conditions
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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.