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South Africa Case Law

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Competition Law [2021] ZACT 6

Senwesbel Limited & Senwes Limited v Suidwes Holdings (Pty) Limited (LM001Apr20)

Senwesbel Limited & Senwes Limited v Suidwes Holdings (Pty) Limited (LM001Apr20) [2021] ZACT 6 (12 April 2021)

The Tribunal conditionally approved Senwesbel and Senwes’s acquisition of Suidwes, finding the evidence on market definition and competition harm inconclusive.

  • Large Merger Review
  • Failing Firm Defence
  • Market Definition
  • Divestiture Remedies
  • Public Interest Benefits
  • Agricultural Sector Merger
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Competition Law [2019] ZACT 57

WBHO Construction (Pty) Ltd v Trencon Construction (Pty) Ltd (LM269Mar19)

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…

  • Merger Review
  • Public Interest Benefits
  • Market Share Analysis
  • Vertical And Horizontal Overlap
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Competition Law [2018] ZACT 80

WBHO Construction (Pty) Ltd v Fikile Construction (Pty) Ltd and Others (LM024Apr17)

WBHO Construction (Pty) Ltd v Fikile Construction (Pty) Ltd and Others (LM024Apr17) [2018] ZACT 80; [2018] 1 CPLR 350 (CT) (22 March 2018)

The Tribunal conditionally approved WBHO’s alliance-based merger with three construction firms, imposing safeguards on work allocation, reporting, and information sharing.

  • Merger Control
  • Public Interest Benefits
  • Broad Based Black Economic Empowerment
  • Market Power
  • Information Sharing Safeguards
  • Merger-control
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Competition Law [2018] ZACT 75

Stefanutti Stocks (Pty) Ltd v Ax.sys Projects (Pty) Ltd and Another (LM069Jun17)

Stefanutti Stocks (Pty) Ltd v Ax.sys Projects (Pty) Ltd and Another (LM069Jun17) [2018] ZACT 75; [2018] 1 CPLR 334 (CT) (22 March 2018)

The Tribunal approved a merger alliance between Stefanutti Stocks and two HDP-owned contractors, subject to conditions on equal work allocation and information safeguards.

  • Merger Control
  • Public Interest Benefits
  • Black Economic Empowerment
  • Mentorship Programmes
  • Information Sharing Safeguards
  • Merger-control
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.