South Africa Case Law

Old Mutual Life Assurance Company (South Africa) Ltd v African Infrastructure Investment Fund (LM088Aug19)

Old Mutual Life Assurance Company (South Africa) Ltd v African Infrastructure Investment Fund (LM088Aug19) [2019] ZACT 80 (3 December 2019)

Court

Competition Tribunal

Case number

LM088Aug19

Judges

Enver Daniels, Yasmin Carrim, Anton Roskam

The Competition Tribunal unconditionally approved Old Mutual’s acquisition of additional interests in African Infrastructure Investment Fund, finding no substantial competition or public interest concerns.

• Merger Control
• Private Equity Investment
• Renewable Energy Market Share
• Merger-control
• Competition-law
• Renewable-energy

Ethos Healthcare Investments (Pty) Ltd v Murray & Main Street 1574 (Pty) Ltd (LM263Jan18)

Ethos Healthcare Investments (Pty) Ltd v Murray & Main Street 1574 (Pty) Ltd (LM263Jan18) [2018] ZACT 38 (8 March 2018)

Court

Competition Tribunal

Case number

LM263Jan18

Judges

Yasmin Carrim, Andiswa Ndoni, Medi Mokuena

The Competition Tribunal approved Ethos Healthcare’s acquisition of Main Street 1574 unconditionally, finding no competition overlap and no public interest concerns.

• Merger Control
• Private Equity Investment
• Medical Technology Distribution
• Merger-control
• Competition-law
• Private-equity-investment

Enx Group Limited v Extract Group Limited (LM082Jun17)

Enx Group Limited v Extract Group Limited (LM082Jun17) [2017] ZACT 46 (4 September 2017)

Court

Competition Tribunal

Case number

LM104Jul17

Judges

Andiswa Ndoni, lmraan Valodia, Fiona Tregenna

The Tribunal found that the proposed transaction would result in a merged entity with a market share of less than 10% in the private equity investment market, with negligible market share accretion. The presence of numerous competitors ensures that the merged entity would continue to face effective competition. No adverse public interest issues, including employment, were identified. Accordingly, the Tribunal concluded that the transaction is unlikely to substantially prevent or lessen competition or raise any adverse public interest concerns and approved the transaction unconditionally.

Source excerpt

• Merger Control
• Private Equity Investment
• Public Interest
• Market Share Analysis

TP Hentiq 6132 (Pty) Ltd v Sectional Poles Business Division of Harrison & White Investments (Pty) Ltd (16220)

TP Hentiq 6132 (Pty) Ltd v Sectional Poles Business Division of Harrison & White Investments (Pty) Ltd (16220) [2013] ZACT 22 (5 April 2013)

Court

Competition Tribunal

Case number

016220

Judges

Norman Manoim, Andreas Wessels, Medi Mokuena

The Competition Tribunal unconditionally approved TP Hentiq 6132 (Pty) Ltd’s acquisition of Sectional Poles, finding no horizontal overlap and no adverse public interest effects.

• Merger Notification
• Public Interest
• Horizontal Overlap
• Private Equity Investment
• Merger-approval
• Competition-law

Business Venture Investments No. 1624 (Pty) Ltd and Another v Waco Africa (Pty) Ltd and Another (54/LM/May12)

Business Venture Investments No. 1624 (Pty) Ltd and Another v Waco Africa (Pty) Ltd and Another (54/LM/May12) [2012] ZACT 65; [2012] 2 CPLR 440 (CT) (30 July 2012)

Court

Competition Tribunal

Case number

54/LM/May12

Judges

Andreas Wessels, Medi Mokuena, Takalani Madima

The Competition Tribunal conditionally approved a merger involving Waco Africa, imposing safeguards to prevent coordinated conduct through RMB-linked board representation.

• Merger Control
• Coordinated Conduct
• Private Equity Investment
• Information Exchange
• Merger-control
• Coordinated-conduct

Standard Bank of South Africa Limited and Safika Holdings (Pty) Ltd (30/LM/May05)

Standard Bank of South Africa Limited and Safika Holdings (Pty) Ltd (30/LM/May05) [2005] ZACT 30 (20 May 2005)

Court

Competition Tribunal

Case number

30/LM/May05

Judges

Y. Carrim, M. Mokoena, U. Bhoola

The Competition Tribunal approved Standard Bank’s acquisition of joint control over Safika Holdings, finding low market shares, no foreclosure risk, and no public interest concerns.

• Large Merger Review
• Market Definition
• Vertical Relationships
• Black Economic Empowerment
• Private Equity Investment
• Large-merger-review