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South Africa decisions
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Computershare South Africa v JSE Limited and Others (IM141Dec19; DSC175Mar20) [2020] ZACT 94 (2 April 2020)
The Tribunal made an agreed order on a discovery dispute in merger-reconsideration proceedings, requiring further affidavits, document access, and confidentiality protections.
WBHO Construction (Pty) Ltd v Trencon Construction (Pty) Ltd (LM269Mar19) [2019] ZACT 57 (19 August 2019)
The Tribunal found that the proposed merger would not substantially prevent or lessen competition in any relevant market, as the combined market share of the merged entity would remain below 10% and market share accretion was insignificant. The presence of several prominent competitors, such as Aveng and Murray & Roberts, ensures continued competition. The vertical overlap in mesh and rebar supply was found not to pose foreclosure risks, as Trencon's procurement represents a small fraction of WBHO's sales and multiple suppliers exist. The transaction was found to promote public interest benef…
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Naledi Forging (Pty) Ltd v DCD Ringrollers, a division of DCD Group (Pty) Ltd (LM003Apr18) [2018] ZACT 70 (20 June 2018)
The Competition Tribunal approved Naledi Forging’s acquisition of DCD Ringrollers unconditionally, finding no relevant market overlap and no merger-specific localisation concern.
WBHO Construction (Pty) Ltd and Another v Grindrod Rail Construction (SA) (Pty) Ltd and Another (LM244Mar17) [2017] ZACT 58 (28 July 2017)
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.
Afric Oil (Pty) Ltd v Part of Businesses of Big Red Investments (Pty) Ltd (LM063Jul16) [2016] ZACT 122 (19 October 2016)
The Competition Tribunal approved Afric Oil’s merger with parts of Big Red, Turquoise Moon and Redlex, finding no substantial competition or public interest concerns.
Arrowhead Properties Limited v Redefine Properties Limited in respect of the property letting enterprise known as Cleary Park (LM159Oct15) [2015] ZACT 107 (25 November 2015)
The Competition Tribunal unconditionally approved Arrowhead Properties’ acquisition of Cleary Park from Redefine, finding no likely lessening of competition or public interest concerns.
Southern African Clothing and Textile Workers' Union v Competition Commission and Another (IM161Dec14) [2015] ZACT 144 (28 May 2015)
The Tribunal amended a merger condition to extend a no-retrenchment protection from one year to three years, reflecting a prior union agreement.
Ethos Private Equity Fund VI v Nampak Corrugated and Nampak Tissue Business Divisions of Nampak Products Limited (020412) [2015] ZACT 31 (1 April 2015)
The Competition Tribunal unconditionally approved Ethos Private Equity Fund VI’s acquisition of Nampak’s corrugated and tissue divisions, finding no competition or public-interest concerns.
Bytes People Solutions a divisions of Bytes Technology Group South Africa (Proprietary) Limited v Inter-Active Technologies (Proprietary) Limited (020123) [2015] ZACT 13 (20 February 2015)
The Competition Tribunal approved the Bytes/IAT merger, finding minimal competition concerns and no proof that earlier retrenchments were merger-specific.
Association of System Operators v Competition Commission and Others (71/SM/Nov10, 72/SM/Nov10) [2013] ZACT 45 (5 June 2013)
The Tribunal upheld conditional approval of two small mergers but sent the merger conditions back to the Commission to be redrafted and expanded.
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