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South Africa Case Law

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Competition Law [2024] ZACT 26

Bidshelf 93 Proprietary Limited (to be renamed Bidvest Automotive Holdings Proprietary Limited) v DEKRA Automotive Proprietary Limited (LM105Oct23)

Bidshelf 93 Proprietary Limited (to be renamed Bidvest Automotive Holdings Proprietary Limited) v DEKRA Automotive Proprietary Limited (LM105Oct23) [2024] ZACT 26 (18 July 2024)

The Tribunal conditionally approved Bidvest Auto's acquisition of DEKRA, addressing vertical foreclosure risks through procurement and information-barrier conditions.

  • Vertical Merger Assessment
  • Input Foreclosure
  • Customer Foreclosure
  • Public Interest Conditions
  • Hdp Ownership
  • Information Barriers
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Competition Law [2024] ZACT 27

Prax South Africa (Pty) Ltd v National Petroleum Refiners of South Africa (Pty) (LM157Dec23)

Prax South Africa (Pty) Ltd v National Petroleum Refiners of South Africa (Pty) (LM157Dec23) [2024] ZACT 27 (21 June 2024)

The Competition Tribunal approved Prax South Africa’s acquisition of 36.36% of National Petroleum Refiners, subject to Annexure A conditions and a clearance certificate.

  • Merger Control
  • Public Interest Conditions
  • Historically Disadvantaged Persons
  • Notification Thresholds
  • Merger-control
  • Public-interest-conditions
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Competition Law [2024] ZACT 44

Sasol Pension Fund and Others v Eden Meander C/O Accelerate Property Fund Ltd (LM142Dec23)

Sasol Pension Fund and Others v Eden Meander C/O Accelerate Property Fund Ltd (LM142Dec23) [2024] ZACT 44 (25 March 2024)

The Competition Tribunal conditionally approved a large merger for Eden Meander, finding no geographic overlap and imposing HDP-related outsourcing conditions.

  • Large Merger Review
  • Retail Property Market
  • Public Interest Conditions
  • Hdp Ownership
  • Employment Impact
  • Large-merger-review
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Competition Law [2024] ZACT 38

Life Healthcare Group (Pty) Ltd v Fresenius Medical Care South Africa (Pty) Ltd in Respect of the Dialysis Services Business (LM035Jun23)

Life Healthcare Group (Pty) Ltd v Fresenius Medical Care South Africa (Pty) Ltd in Respect of the Dialysis Services Business (LM035Jun23) [2024] ZACT 38 (18 March 2024)

The Competition Tribunal conditionally approved Life Healthcare’s acquisition of Fresenius’s dialysis services business, subject to competition and public interest conditions.

  • Merger Control
  • Horizontal Overlap
  • Vertical Overlap
  • Public Interest Conditions
  • Input Foreclosure
  • Merger-control
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Competition Law [2024] ZACT 41

Hemipac Investments Proprietary Limited v Ascension Properties Proprietary Limited (LM112Oct23)

Hemipac Investments Proprietary Limited v Ascension Properties Proprietary Limited (LM112Oct23) [2024] ZACT 41 (6 March 2024)

The Competition Tribunal conditionally approved Hemipac Investments’ acquisition of ten property rental enterprises from Ascension, subject to HDP procurement conditions.

  • Large Merger Review
  • Public Interest Conditions
  • Hdp Procurement
  • Office Space Market Definition
  • Section 197 Transfer
  • Market Share Analysis
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Competition Law [2024] ZACT 32

Beko Europe B.V. and Beko B.V v Whirlpool Corporation's European Major Domestic Appliances Business, and Whirlpool Maroc S.A.R.L (Morocco) and Whirlpool MEEA (UAE) (LM063Aug23)

Beko Europe B.V. and Beko B.V v Whirlpool Corporation's European Major Domestic Appliances Business, and Whirlpool Maroc S.A.R.L (Morocco) and Whirlpool MEEA (UAE) (LM063Aug23) [2024] ZACT 32 (1 March 2024)

The Competition Tribunal conditionally approved Beko’s acquisition of Whirlpool’s major domestic appliances businesses, finding no substantial lessening of competition and imposing public interest conditions.

  • Large Merger Review
  • Market Definition
  • Public Interest Conditions
  • Countervailing Power
  • Spread Of Ownership
  • Competition-law
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Competition Law [2024] ZACT 11

3 Sisters Proprietary Limited v Capespan Group Proprietary Limited (LM097Oct23)

3 Sisters Proprietary Limited v Capespan Group Proprietary Limited (LM097Oct23) [2024] ZACT 11 (15 January 2024)

The Competition Tribunal conditionally approved 3 Sisters’ acquisition of Capespan, finding no relevant competition overlap and imposing employment and HDP ownership conditions.

  • Large Merger Review
  • Public Interest Conditions
  • Hdp Ownership
  • Employment Protection
  • Competition-law
  • Merger-control
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Competition Law [2024] ZACT 34

CBD Investments (Pty) Ltd v Rebosis Property Fund Limited, Ascension Properties (Pty) Ltd, Main Street 1119 (Pty) Ltd and Cape Horizon Properties 125 (Pty) Ltd in respect of a portfolio of 22 Property Rental Enterprises (LM103OCT23)

CBD Investments (Pty) Ltd v Rebosis Property Fund Limited, Ascension Properties (Pty) Ltd, Main Street 1119 (Pty) Ltd and Cape Horizon Properties 125 (Pty) Ltd in respect of a portfolio of 22 Property Rental Enterprises (LM103OCT23) [2024] ZACT 34 (10 January 2024)

The Tribunal conditionally approved CBD Investments’ acquisition of 22 property rental enterprises, finding no likely substantial lessening of competition and addressing employment and HDP ownership concerns.

  • Large Merger Review
  • Public Interest Conditions
  • Horizontal Overlap
  • Hdp Ownership
  • Section 197 Transfer
  • Market Definition
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Competition Law [2023] ZACT 69

Marga B.V v Dermalogica South Africa (Pty) Ltd (LM022May23)

Marga B.V v Dermalogica South Africa (Pty) Ltd (LM022May23) [2023] ZACT 69 (7 September 2023)

Competition Tribunal approved the Marga B.V–Dermalogica South Africa merger subject to public interest conditions on training, supplier development, and HDP empowerment.

  • Merger Clearance
  • Public Interest Conditions
  • Hdp Empowerment
  • Supplier Development
  • Education And Training
  • Monitoring And Compliance
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Competition Law [2023] ZACT 40

Sanlam Emerging Markets Proprietary Limited and Another v SAN JV (RF) Proprietary Limited (LM100Aug22)

Sanlam Emerging Markets Proprietary Limited and Another v SAN JV (RF) Proprietary Limited (LM100Aug22) [2023] ZACT 40; [2023] 3 CPLR 44 (CT) (17 August 2023)

The Competition Tribunal conditionally approved Sanlam and Allianz’s joint acquisition of SAN JV, imposing restrictions on South African activities and information sharing.

  • Large Merger Review
  • Vertical And Horizontal Overlap
  • Public Interest Conditions
  • Input Foreclosure
  • Customer Foreclosure
  • Black Economic Empowerment
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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.