South Africa Case Law

Sasol South Africa Ltd v Vitol Emerald Bidco (Pty) Ltd and Others (LM196Mar23)

Sasol South Africa Ltd v Vitol Emerald Bidco (Pty) Ltd and Others (LM196Mar23) [2023] ZACT 78 (6 December 2023)

Court

Competition Tribunal

Case number

LM196Mar23

Judge

M Mazwai

The Competition Tribunal granted Sasol leave to intervene in merger proceedings, but limited its participation to submissions on a local procurement remedy and related confidentiality issues.

• Merger Intervention
• Local Procurement Remedy
• Competition Act Section 53
• Confidential Information Access
• Merger-intervention
• Local-procurement-remedy

Zurivision (Pty) Ltd and Others v Thabong Coal (Pty) Ltd and Others and Other related matters (LM144Jan20; INT130Sep20)

Zurivision (Pty) Ltd and Others v Thabong Coal (Pty) Ltd and Others and Other related matters (LM144Jan20; INT130Sep20) [2020] ZACT 78 (4 November 2020)

Court

Competition Tribunal

Case number

LM144Jan20; INT130Sep20

Judges

AW Wessels, E Daniels, M Mazwai

The Tribunal found that the Applicants failed to demonstrate a material or substantial interest in the merger proceedings, as their concerns were purely commercial and not merger-specific. The Applicants did not establish a nexus between their disputes over mining rights and the merger under consideration. The Tribunal held that issues relating to DMRE processes and High Court litigation fall outside its jurisdiction and are irrelevant to the competition assessment. The Applicants did not show how they could assist the Tribunal in its statutory mandate or provide evidence of flaws in the Comm…

Source excerpt

• Merger Intervention
• Material Interest Test
• Public Interest In Mergers
• Competition Tribunal Discretion