South Africa Case Law

Capital Newspapers (Pty) Ltd and Another v Media 24 Holding Ltd and Others (259/CAC/Oct24)

Capital Newspapers (Pty) Ltd and Another v Media 24 Holding Ltd and Others (259/CAC/Oct24) [2024] ZACAC 5 (24 December 2024)

Court

Competition Appeal Court

Case number

259/CAC/Oct24

Judges

Davis AJA, Nuku JA, Siwendu AJA

The Court found that the notified transaction reviewed by the Competition Commission was limited to the sale of On the Dot and certain community newspapers, and did not encompass the migration of other print titles to digital platforms. The migration decision was a separate commercial decision by Media 24, prompted by market dynamics and declining print circulation, and did not involve a change of control as required by the Competition Act for a merger. The applicants failed to establish a sufficiently close link between the migration and the notified merger to justify treating them as a comp…

Source excerpt

• Merger Control
• Public Interest In Mergers
• Freedom Of Expression
• Change Of Control
• Competition Act Interpretation
• Constitutional Rights In Merger Review

Hollywood Racing Enterprise (Pty) Ltd v Gold Circle (Pty) Ltd (LM164Feb24)

Hollywood Racing Enterprise (Pty) Ltd v Gold Circle (Pty) Ltd (LM164Feb24) [2024] ZACT 17 (26 July 2024)

Court

Competition Tribunal

Case number

LM164Feb24

Judges

L Mncube, I Valodia, A Ndoni

The Competition Tribunal approved the merger between Hollywood Racing Enterprises and Gold Circle subject to conditions in Annexure A and ordered a Merger Clearance Certificate.

• Merger Control
• Competition Act Section 16
• Merger Clearance Certificate
• Merger-control
• Competition-act-section-16
• Merger-clearance-certificate

MSC II Investments v Mertech Marine Holdings (Pty) Ltd (LM020May24)

MSC II Investments v Mertech Marine Holdings (Pty) Ltd (LM020May24) [2024] ZACT 15 (24 July 2024)

Court

Competition Tribunal

Case number

LM020May24

Judges

L Mncube, I Valodia, A Ndoni

The Competition Tribunal approved MSC II Investments’ merger with Mertech Marine Holdings subject to conditions in Annexure A and directed issuance of a clearance certificate.

• Merger Control
• Approval Conditions
• Competition Act Section 16
• Merger-control
• Approval-conditions
• Competition-law

General Atlantic Partners, LP v Actis Holdings S.A.L.R (Luxembourg) (LM002Apr24)

General Atlantic Partners, LP v Actis Holdings S.A.L.R (Luxembourg) (LM002Apr24) [2024] ZACT 29 (4 July 2024)

Court

Competition Tribunal

Case number

LM002Apr24

Judges

M Mazwai, A Kessery, T Vilakazi

The Competition Tribunal approved the merger between General Atlantic Partners, LP and Actis Holdings S.A.L.R (Luxembourg) and ordered a Merger Clearance Certificate.

• Merger Control
• Competition Act Section 16
• Merger Clearance Certificate
• Merger-control
• Competition-act-section-16
• Merger-clearance-certificate

Attacq Waterfall Investment Company (Pty) Ltd v 20% Undivided Share held by ATT MOA 20 (Pty) Ltd in Mall of Africa (LM026May24)

Attacq Waterfall Investment Company (Pty) Ltd v 20% Undivided Share held by ATT MOA 20 (Pty) Ltd in Mall of Africa (LM026May24) [2024] ZACT 25 (25 June 2024)

Court

Competition Tribunal

Case number

LM026May24

Judges

L Mncube, G Budlender, T Vilakazi

The Competition Tribunal approved Attacq Waterfall Investment Company’s merger acquisition of a 20% undivided share in Mall of Africa without conditions.

• Merger Clearance
• Competition Act Section 16
• Merger Control
• Merger-clearance
• Competition-act-section-16
• Merger-control

Prax South Africa (Pty) Ltd v National Petroleum Refiners of South Africa (Pty) (LM157Dec23)

Prax South Africa (Pty) Ltd v National Petroleum Refiners of South Africa (Pty) (LM157Dec23) [2024] ZACT 27 (21 June 2024)

Court

Competition Tribunal

Case number

LM157Dec23

Judges

L Mncube, M Mazwai, I Valodia

The Competition Tribunal approved Prax South Africa’s acquisition of 36.36% of National Petroleum Refiners, subject to Annexure A conditions and a clearance certificate.

• Merger Control
• Public Interest Conditions
• Historically Disadvantaged Persons
• Notification Thresholds
• Merger-control
• Public-interest-conditions

Coca-Cola Beverages Africa (Pty) Ltd v Competition Commission and Another (CCT 192/22)

Coca-Cola Beverages Africa (Pty) Ltd v Competition Commission and Another (CCT 192/22) [2024] ZACC 3; 2024 (6) BCLR 771 (CC); [2024] 7 BLLR 665 (CC); (2024) 45 ILJ 1507 (CC); 2024 (4) SA 391 (CC) (17 April 2024)

Court

Constitutional Court

Case number

CCT 192/22

Judges

Zondo CJ, Chaskalson AJ, Dodson AJ, Kollapen J, Mathopo J, Mhlantla J, Rogers J, Schippers AJ, Tshiqi J

The Constitutional Court held that rule 39(2)(b) requires a special statutory review and that Coca-Cola’s retrenchments were not shown to be merger-specific.

• Merger Control
• Retrenchment Conditions
• Special Statutory Review
• Causation In Employment
• Competition Act
• Labour Relations Act

Life Healthcare Group (Pty) Ltd v Fresenius Medical Care South Africa (Pty) Ltd in Respect of the Dialysis Services Business (LM035Jun23)

Life Healthcare Group (Pty) Ltd v Fresenius Medical Care South Africa (Pty) Ltd in Respect of the Dialysis Services Business (LM035Jun23) [2024] ZACT 38 (18 March 2024)

Court

Competition Tribunal

Case number

LM035Jun23

Judges

L Mncube, A Ndoni, I Valodia

The Competition Tribunal conditionally approved Life Healthcare’s acquisition of Fresenius’s dialysis services business, subject to competition and public interest conditions.

• Merger Control
• Horizontal Overlap
• Vertical Overlap
• Public Interest Conditions
• Input Foreclosure
• Merger-control

SPE Mid-Market Fund I Partnership v S Bacher and Company Proprietary Limited (LM158Dec23)

SPE Mid-Market Fund I Partnership v S Bacher and Company Proprietary Limited (LM158Dec23) [2024] ZACT 40 (7 March 2024)

Court

Competition Tribunal

Case number

LM158Dec23

Judges

A Kessery, F Tregenna, A Ndoni

The Competition Tribunal unconditionally approved SPE Mid-Market Fund I Partnership’s acquisition of sole control over S Bacher and Company Proprietary Limited.

• Merger Control
• Public Interest
• Horizontal And Vertical Overlap
• Hdp Shareholding
• Competition-law
• Merger-control

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