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

Mr Price Group Ltd v K2018509367 (South Africa) (Pty) Ltd ("Yuppiechef") (LM014Apr21)

Mr Price Group Ltd v K2018509367 (South Africa) (Pty) Ltd ("Yuppiechef") (LM014Apr21) [2021] ZACT 53 (19 July 2021)

Court

Competition Tribunal

Case number

LM014Apr21

Judges

E Daniels, Y Carrim, A Ndoni

The Competition Tribunal unconditionally approved Mr Price Group’s acquisition of Yuppiechef, finding no substantial competition harm or adverse public-interest impact.

• Large Merger
• Horizontal Overlap
• Vertical Overlap
• Public Interest
• Market Power
• Section 12a Competition Act

Alviva Holdings Ltd v Tarsus Technology Group (Pty) Ltd (LM185Jan21)

Alviva Holdings Ltd v Tarsus Technology Group (Pty) Ltd (LM185Jan21) [2021] ZACT 29 (3 June 2021)

Court

Competition Tribunal

Case number

LM185Jan21

Judges

Y Carrim, A Wessels, F Tregenna

The Competition Tribunal conditionally approved Alviva’s acquisition of Tarsus, finding no substantial lessening of competition and imposing employment protections.

• Horizontal Merger
• Vertical Merger
• Market Power
• Public Interest Conditions
• Employment Protection
• Information Sharing

WBHO Construction (Pty) Ltd v Fikile Construction (Pty) Ltd and Others (LM024Apr17)

WBHO Construction (Pty) Ltd v Fikile Construction (Pty) Ltd and Others (LM024Apr17) [2018] ZACT 80; [2018] 1 CPLR 350 (CT) (22 March 2018)

Court

Competition Tribunal

Case number

LM024Apr17

Judges

Yasmin Carrim, AW Wessels, Medi Mokuena

The Tribunal conditionally approved WBHO’s alliance-based merger with three construction firms, imposing safeguards on work allocation, reporting, and information sharing.

• Merger Control
• Public Interest Benefits
• Broad Based Black Economic Empowerment
• Market Power
• Information Sharing Safeguards
• Merger-control

WBHO Construction (Pty) Ltd and Another v Grindrod Rail Construction (SA) (Pty) Ltd and Another (LM244Mar17)

WBHO Construction (Pty) Ltd and Another v Grindrod Rail Construction (SA) (Pty) Ltd and Another (LM244Mar17) [2017] ZACT 58 (28 July 2017)

Court

Competition Tribunal

Case number

LM244Mar17

Judges

AW Wessels, Fiona Tregenna, Medi Mokuena

The Competition Tribunal approved WBHO and FFE’s acquisition of interests in Grindrod rail businesses, finding no likely competitive harm or merger-specific job losses.

• Merger Review
• Public Interest
• Employment Effects
• Vertical Integration
• Market Power
• Merger-review

Government Employees Pension Fund v ETG Inputs Holdco Limited (LM200Jan17)

Government Employees Pension Fund v ETG Inputs Holdco Limited (LM200Jan17) [2017] ZACT 10; [2017] 1 CPLR 274 (CT) (20 February 2017)

Court

Competition Tribunal

Case number

LM200Jan17

Judges

Andiswa Ndoni, Enver Daniels, Imraan Valodia

The Competition Tribunal approved GEPF’s acquisition of 49% of ETG Inputs Holdco Ltd, finding no horizontal overlap concerns and no adverse public interest effects.

• Large Merger
• Joint Control
• Public Interest
• Horizontal Overlap
• Market Power
• Competition-law

Zimco Metals Proprietary Limited and Another v Competition Commission; In re: Zimco Metals Proprietary Limited v Atlantis Metals Proprietary Limited (AME160Oct15)

Zimco Metals Proprietary Limited and Another v Competition Commission; In re: Zimco Metals Proprietary Limited v Atlantis Metals Proprietary Limited (AME160Oct15) [2016] ZACT 7; [2016] 1 CPLR 114 (CT) (11 February 2016)

Court

Competition Tribunal

Case number

AME160Oct15

Judges

Yasmin Carrim, lmraan Valodia, Andiswa Ndoni

The Tribunal deleted a merger condition barring relocation of Atlantis’s plant, finding changed market conditions and operational retrenchments justified amendment.

• Merger Control
• Removal Of Conditions
• Market Power
• Employment Protection
• Merger-control
• Removal-of-conditions

Main Street 1389 Proprietary Limited v Access Platforms Proprietary Limited (LM150Oct15)

Main Street 1389 Proprietary Limited v Access Platforms Proprietary Limited (LM150Oct15) [2016] ZACT 2 (19 January 2016)

Court

Competition Tribunal

Case number

LM150Oct15

Judges

Mondo Mazwai, Yasmin Carrim, Medi Mokuena

The Competition Tribunal approved Main Street 1389 Proprietary Limited’s acquisition of Access Platforms Proprietary Limited, finding no substantial competition or public interest concerns.

• Merger Control
• Horizontal Overlap
• Vertical Relationships
• Market Power
• Public Interest
• Barriers To Entry

Mobile Telephone Networks (Pty) Ltd v Afrihost (Pty) Ltd (019075)

Mobile Telephone Networks (Pty) Ltd v Afrihost (Pty) Ltd (019075) [2015] ZACT 10; [2016] 1 CPLR 184 (CT) (12 January 2015)

Court

Competition Tribunal

Case number

019075

Judges

Norman Manoim, Andiswa Ndoni, Imraan Valodia

The Competition Tribunal unconditionally approved MTN’s acquisition of Afrihost, finding no substantial lessening of competition or public interest concerns.

• Merger Control
• Vertical Integration
• Margin Squeeze
• Bundling
• Market Power
• Retail And Wholesale Data Services

Glencore International AG v Optimum Coal Purchase Rights held by BHP Billiton Energy Coal South Africa (Pty) Ltd (018010)

Glencore International AG v Optimum Coal Purchase Rights held by BHP Billiton Energy Coal South Africa (Pty) Ltd (018010) [2014] ZACT 29 (17 January 2014)

Court

Competition Tribunal

Case number

018010

Judges

Norman Manoim, Medi Mokuena, Andiswa Ndoni

The Competition Tribunal unconditionally approved Glencore’s acquisition of Optimum coal purchase rights, finding no material competition or public-interest concerns.

• Horizontal Merger
• Market Power
• Public Interest
• Export Entitlement
• Thermal Coal Market
• Merger-control