South Africa Case Law

Twin City Trading 2 (Pty) Ltd v Castle Gate (Pty) Ltd and Another (LM004Apr23)

Twin City Trading 2 (Pty) Ltd v Castle Gate (Pty) Ltd and Another (LM004Apr23) [2023] ZACT 28; [2023] 3 CPLR 45 (CT) (17 July 2023)

Court

Competition Tribunal

Case number

LM004Apr23

Judges

Jerome Wilson, Thando Vilakazi, Andreas Wessels

The Tribunal found that the proposed transaction, involving Twin City Trading acquiring a 30% undivided share in the rental enterprises of Castle Gate and Club Retail, should be treated as a single indivisible merger due to the interlinked agreements and common control. The Tribunal agreed with the Commission that the merger would not substantially prevent or lessen competition in the market for lettable retail property, regardless of the precise market definition, given the low post-merger market share and the availability of alternative shopping centres within close proximity. The Tribunal…

Source excerpt

• Merger Control
• Horizontal Effects
• Public Interest
• Spread Of Ownership
• Lettable Retail Property
• Employment Impact

Northam Platinum Holdings Limited v Impala Platinum Holdings Limited and Others and a related matter (LM156Dec21; INT045May22)

Northam Platinum Holdings Limited v Impala Platinum Holdings Limited and Others and a related matter (LM156Dec21; INT045May22) [2022] ZACT 63; [2022] 2 CPLR 41 (CT) (20 July 2022)

Court

Competition Tribunal

Case number

LM156Dec21; INT045May22

Judges

Y Carrim, E Daniels, I Valodia

The Tribunal found that while Northam's horizontal theories of harm were speculative and unsupported by evidence, its unique position as a mid-level miner could provide valuable insights into the vertical effects of the merger, particularly regarding the impact on junior miners and smelting capacity. The Tribunal exercised its discretion to grant Northam limited intervention rights, restricting its participation to written and oral submissions on vertical effects and prejudice to junior miners, and subjecting access to confidential information to appropriate undertakings. The Tribunal rejecte…

Source excerpt

• Merger Control
• Vertical Effects
• Horizontal Effects
• Public Interest
• Intervention Rights
• Market Definition

Volkswagen AG v Man SE (59/LM/Jul11)

Volkswagen AG v Man SE (59/LM/Jul11) [2011] ZACT 99; [2012] 1 CPLR 178 (CT) (21 November 2011)

Court

Competition Tribunal

Case number

59/LM/Jul11

Judges

Norman Manoim, Yasmin Carrim, Andreas Wessels

The Competition Tribunal unconditionally approved Volkswagen AG’s acquisition of control of MAN SE, finding no substantial lessening of competition or public interest concerns.

• Merger Control
• Horizontal Effects
• Vertical Effects
• Market Share Analysis
• Public Interest
• Foreclosure

Imperial Group (Pty) Ltd v Midas Group (Pty) Ltd (31/LM/Mar09)

Imperial Group (Pty) Ltd v Midas Group (Pty) Ltd (31/LM/Mar09) [2010] ZACT 1; [2009] 2 CPLR 408 (CT) (12 January 2010)

Court

Competition Tribunal

Case number

31/LM/Mar09

Judges

N Manoim, Y Carrim, A Wessels

The Tribunal approved Imperial Group’s acquisition of Midas without conditions, finding no substantial lessening of competition and no need for employment conditions.

• Merger Control
• Market Definition
• Horizontal Effects
• Vertical Relationships
• Public Interest Employment
• Merger-control

WBHO Construction (Pty) Limited and Simbithi Eco-estate (Pty) Limited (118 /LM/Nov07)

WBHO Construction (Pty) Limited and Simbithi Eco-estate (Pty) Limited (118 /LM/Nov07) [2007] ZACT 103 (18 December 2007)

Court

Competition Tribunal

Case number

118 /LM/Nov07

Judges

Y Carrim, D Lewis, M Mokoena

The Competition Tribunal unconditionally approved WBHO’s acquisition of sole control of Simbithi Eco-Estate, finding no horizontal overlap, foreclosure risk, or public interest concern.

• Merger Control
• Horizontal Effects
• Vertical Integration
• Public Interest
• Merger-control
• Horizontal-effects

Realty Dynamix 73 (Pty) Ltd and Another and Seven Proparties of Assetz Property Investment Fund and Three Properties of Pangbourne Properties Ltd (77/LM/JUL07)

Realty Dynamix 73 (Pty) Ltd and Another and Seven Proparties of Assetz Property Investment Fund and Three Properties of Pangbourne Properties Ltd (77/LM/JUL07) [2007] ZACT 98 (10 December 2007)

Court

Competition Tribunal

Case number

77/LM/JUL07

Judges

DH Lewis, N Manoim, Y Carrim

The Competition Tribunal unconditionally approved a merger involving grade A office and showroom properties, finding low combined market shares and no public interest concerns.

• Merger Clearance
• Horizontal Effects
• Market Definition
• Grade A Office Property
• Public Interest
• Vertical Effects

Johnnic Book Retail Ltd t/a Exclusive Books and Van Schaik Bookstores A division of Via Afrika Ltd (43 /LM/Apr07)

Johnnic Book Retail Ltd t/a Exclusive Books and Van Schaik Bookstores A division of Via Afrika Ltd (43 /LM/Apr07) [2007] ZACT 82; [2007] 2 CPLR 311 (CT) (5 November 2007)

Court

Competition Tribunal

Case number

43 /LM/Apr07

Judges

D Lewis, N Manoim, M Mokuena

The Tribunal unconditionally approved Exclusive Books’ acquisition of Van Schaik, finding limited overlap in general and academic book retailing and no competition concerns.

• Merger Clearance
• Horizontal Effects
• Vertical Effects
• Market Definition
• Public Interest
• Merger-clearance

Metropolitan Holdings Ltd and HTG Life Ltd (58/LM/Jun07)

Metropolitan Holdings Ltd and HTG Life Ltd (58/LM/Jun07) [2007] ZACT 58 (5 September 2007)

Court

Competition Tribunal

Case number

58/LM/Jun07

Judges

N Manoim, L Reyburn, M Mokuena

The Competition Tribunal approved Metropolitan Holdings Ltd’s acquisition of HTG Life Ltd unconditionally, finding low combined market shares and no public interest concerns.

• Merger Clearance
• Market Definition
• Horizontal Effects
• Vertical Effects
• Public Interest
• Market Share Analysis

ABSA Capital Limited and Thebe Investment Corporation (Pty) Ltd (100/LM/Nov06)

ABSA Capital Limited and Thebe Investment Corporation (Pty) Ltd (100/LM/Nov06) [2007] ZACT 11 (30 January 2007)

Court

Competition Tribunal

Case number

100/LM/Nov06

Judges

DH Lewis, N Manoim, Y Carrim

The Competition Tribunal unconditionally approved ABSA Capital’s acquisition of joint control in Thebe Investment Corporation, finding no serious competition or public interest concerns.

• Merger Control
• Market Definition
• Horizontal Effects
• Vertical Effects
• Public Interest
• Joint Control

Merafe Ferrochrome and Mining (Pty) Ltd / Xstrata South Africa (Pty) Ltd and Xstrata (Samancor Production Joint Venture) / Samancor Ltd (56/LM/Jun05)

Merafe Ferrochrome and Mining (Pty) Ltd / Xstrata South Africa (Pty) Ltd and Xstrata (Samancor Production Joint Venture) / Samancor Ltd (56/LM/Jun05) [2006] ZACT 9 (13 February 2006)

Court

Competition Tribunal

Case number

56/LM/Jun05

Judges

Y Carrim, N Manoim, L Reyburn

The Competition Tribunal approved Merafe and Xstrata’s merger-related transaction with Samancor, finding only minor market-share accretions and no public-interest concerns.

• Large Merger Review
• Horizontal Effects
• Vertical Effects
• Market Share Accretion
• Public Interest
• Supply Conditions