South Africa Case Law

SA Corporate Real Estate Trust Scheme v Old Mutual Life Assurance Company (“South Africa”) Ltd (12/LM/Mar10)

SA Corporate Real Estate Trust Scheme v Old Mutual Life Assurance Company (“South Africa”) Ltd (12/LM/Mar10) [2010] ZACT 30 (4 May 2010)

Court

Competition Tribunal

Case number

12/LM/Mar10

Judges

Norman Manoim, Yasmin Carrim, Andreas Wessels

The Competition Tribunal approved SA Corporate’s acquisition of Supply Chain from Old Mutual, finding the merger unlikely to reduce competition in Jet Park.

• Merger Control
• Market Definition
• Herfindahl Hirschman Index
• Public Interest
• Property Investment
• Merger-control

African Media Entertainment Limited v Lewis and Others (68/CAC/MAR/07)

African Media Entertainment Limited v Lewis and Others (68/CAC/MAR/07) [2007] ZACT 106 (19 November 2007)

Court

Competition Tribunal

Case number

68/CAC/MAR/07

Judges

Davis JP, Mailula AJJA, Tshiqi AJJA

The Court held that the Tribunal conflated the statutory enquiry into control (section 12) with the competitive assessment required under section 12A of the Competition Act. The Tribunal focused exclusively on whether the merging parties would acquire sole or joint control over Kaya FM and failed to comprehensively assess the likelihood of anti-competitive effects in the relevant market, including market concentration, barriers to entry, and the removal of an effective competitor. This constituted a material error of law, as the Tribunal did not properly apply the mandated enquiry under secti…

Source excerpt

• Merger Control
• Review Of Administrative Action
• Market Concentration
• Herfindahl Hirschman Index
• Partial Ownership Effects

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

Pick 'n Pay Retailers (Pty) Ltd and Boxer Holdings (Pty) Ltd (52/LM/Jul02)

Pick 'n Pay Retailers (Pty) Ltd and Boxer Holdings (Pty) Ltd (52/LM/Jul02) [2002] ZACT 30 (26 April 2002)

Court

Competition Tribunal

Case number

52/LM/Jul02

Judges

D.H. Lewis, N. Manoim, U. Bhoola

The Competition Tribunal approved Pick 'n Pay’s acquisition of Boxer, finding no substantial lessening of competition in the local retail grocery markets examined.

• Large Merger
• Market Definition
• Market Power
• Public Interest
• Herfindahl Hirschman Index
• Retail Grocery Sector