South Africa Case Law

Draslovka Holdings A.S. and Another v Competition Commission of South Africa and Others (IM139Dec21)

Draslovka Holdings A.S. and Another v Competition Commission of South Africa and Others (IM139Dec21) [2024] ZACT 31 (1 February 2024)

Court

Competition Tribunal

Case number

IM139Dec21

Judges

Wilson, Mncube, Wessels

The Tribunal found that the proposed merger would result in a substantial anti-competitive and public interest harm by causing a significant and indefinite price increase for liquid sodium cyanide supplied to South African gold mining companies. This price increase is merger-specific, arising from the vertical de-integration of the sodium cyanide business from Sasol and the shift to import parity pricing for key inputs, particularly caustic soda. The Tribunal rejected the applicants' argument that recent price increases were unrelated to the merger, finding that Sasol's change in pricing meth…

Source excerpt

• Merger Control
• Vertical Deintegration
• Import Parity Pricing
• Public Interest Assessment
• Market Power
• Remedies And Conditions

Foodcorp (Pty) Ltd and Boksburg Oil Mill (an asset of Unilever South Africa) (56/LM/Aug02)

Foodcorp (Pty) Ltd and Boksburg Oil Mill (an asset of Unilever South Africa) (56/LM/Aug02) [2002] ZACT 50 (5 September 2002)

Court

Competition Tribunal

Case number

56/LM/Aug02

Judges

D. Lewis, M. Moerane, N. Manoim

The Competition Tribunal approved Foodcorp’s acquisition of Unilever’s Boksburg oil mill without conditions, finding no substantial lessening of competition or public interest issue.

• Merger Clearance
• Market Definition
• Vertical Integration
• Import Parity Pricing
• Merger-clearance
• Market-definition