Caxton and CTP Publishers and Printers Limited v Competition Commission Of South Africa and Another (RVW11Oct21)
Caxton and CTP Publishers and Printers Limited v Competition Commission Of South Africa and Another (RVW11Oct21) [2022] ZACT 41; [2023] 1 CPLR 14 (CT) (22 September 2022)
The Tribunal found that the Commission's decision was vague and ambiguous, failing to provide guidance on what constitutes sufficient cumulative facts to trigger a merger investigation under a separate filing. The Commission ignored highly relevant facts, such as the absence of an offer, price, and terms, which it itself identified as essential for the threshold enquiry. The Commission conflated the threshold and just-and-reasonable enquiries and relied on irrelevant factors, such as customer flight, which pertain to the merits of a merger investigation rather than the procedural question of…
Source excerpt
- Separate Merger Notification
- Hostile Takeover
- Threshold Enquiry
- Administrative Review
- Procedural Fairness
- Irrationality