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Digital Titan (Pty) Ltd v TDE Investments (Pty) Ltd (LM165Jan22) [2022] ZACT 27; [2022] 2 CPLR 31 (CT) (18 August 2022)
The Competition Tribunal conditionally approved Digital Titan’s acquisition of TDE, after access conditions were agreed to address network-effect and foreclosure concerns.
Africa Data Centres SA Development (Pty) Ltd v Digital Titan (Pty) Ltd and Others (200/CAC/May22) [2022] ZACAC 6; [2022] 2 CPLR 21 (CAC) (8 July 2022)
The Competition Appeal Court dismissed an appeal against a merger-intervention ruling, holding that speculative concerns about future market entry did not justify wider participation.
Africa Data Centres SA Development (Pty) Ltd v Digital Titan (Pty) Ltd and a related matter (LM165Jan22; INT016Apr22) [2022] ZACT 68; [2022] 1 CPLR 18 (CT) (23 May 2022)
The Tribunal exercised its discretion to grant ADC limited intervention rights in the merger proceedings, finding that ADC, as a direct competitor, could provide valuable insights into competition dynamics and potential theories of harm specific to its business. However, the Tribunal found that ADC's broader concerns regarding barriers to entry and industry-wide effects were not substantiated and would not assist the Tribunal beyond the evidence already provided by the Commission and merging parties. The Tribunal was mindful to avoid duplication of the Commission's role and unnecessary delay,…
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