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South Africa Case Law

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Competition Law [2022] ZACT 105

KZN Pension House (Pty) Ltd v Vividend Income Fund (LM113Sep22)

KZN Pension House (Pty) Ltd v Vividend Income Fund (LM113Sep22) [2022] ZACT 105 (29 November 2022)

The Competition Tribunal unconditionally approved KZN Pension House’s acquisition of the SARS Durban letting enterprise, finding no material competition or public interest concerns.

  • Large Merger Review
  • Public Interest Considerations
  • Spread Of Ownership
  • Employment Effects
  • Market Definition
  • Horizontal Overlap
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Competition Law [2022] ZACT 24

K2022341645 (South Africa) Proprietary Limited v Five Properties in the Live Easy Portfolio (LM013Apr22)

K2022341645 (South Africa) Proprietary Limited v Five Properties in the Live Easy Portfolio (LM013Apr22) [2022] ZACT 24 (2 August 2022)

The Competition Tribunal unconditionally approved the merger between BidCo and the Live Easy Portfolio, finding no competition concerns and no public interest concerns.

  • Large Merger Review
  • Substantial Prevention Or Lessening Of Competition
  • Public Interest Considerations
  • Hdp Ownership
  • Employment Effects
  • Large-merger-review
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Competition Law [2021] ZACT 75

Bonitas Medical Fund v Nedgroup Medical Aid Scheme (LM092Oct21)

Bonitas Medical Fund v Nedgroup Medical Aid Scheme (LM092Oct21) [2021] ZACT 75 (9 November 2021)

The Tribunal unconditionally approved the merger between Bonitas Medical Fund and Nedgroup Medical Aid Scheme, finding no substantial competition or public interest concerns.

  • Large Merger
  • Medical Schemes Market
  • Public Interest Considerations
  • Horizontal Overlap
  • Market Share Analysis
  • Large-merger
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Competition Law [2021] ZACT 66

Bopa Moruo Fund II (Pty) Ltd and Others v ASOC I Bidco Three (Pty) Ltd (LM065Aug21)

Bopa Moruo Fund II (Pty) Ltd and Others v ASOC I Bidco Three (Pty) Ltd (LM065Aug21) [2021] ZACT 66 (18 October 2021)

The Competition Tribunal unconditionally approved a large merger in which three investment firms acquired joint control of SkyNet SA through ASOC I Bidco.

  • Large Merger Review
  • Public Interest Considerations
  • Spread Of Ownership
  • Employment Impact
  • Horizontal And Vertical Overlap
  • Large-merger-review
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Competition Law [2021] ZACT 30

Community Property Company (Pty) Ltd v Ulundi King Senzangakona currently owned by Vukile Property Fund Limited (LM026May21)

Community Property Company (Pty) Ltd v Ulundi King Senzangakona currently owned by Vukile Property Fund Limited (LM026May21) [2021] ZACT 30 (23 June 2021)

The Competition Tribunal unconditionally approved Community Property Company’s acquisition of Ulundi King Senzangakona shopping centre, finding no material competition or employment concerns.

  • Merger Control
  • Horizontal Overlap
  • Public Interest Considerations
  • Merger-control
  • Competition-law
  • Public-interest-considerations
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Competition Law [2021] ZACT 27

IQ Business (Pty) Ltd v Tamirox (Pty) Ltd (LM013Apr21)

IQ Business (Pty) Ltd v Tamirox (Pty) Ltd (LM013Apr21) [2021] ZACT 27 (21 May 2021)

The Competition Tribunal unconditionally approved IQ Business’s acquisition of Tamirox, finding no anti-competitive overlap, no public interest concerns, and no employment effects.

  • Merger Control
  • Portfolio Effects
  • Public Interest Considerations
  • Merger-control
  • Portfolio-effects
  • Public-interest-considerations
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Competition Law [2021] ZACT 15

Greenstreet 1 (Pty) Ltd v Solar Capital de Aar 3 (RF) (Pty) Ltd (LM196Dec20)

Greenstreet 1 (Pty) Ltd v Solar Capital de Aar 3 (RF) (Pty) Ltd (LM196Dec20) [2021] ZACT 15 (29 March 2021)

The Competition Tribunal unconditionally approved the merger giving Stanlib Fund II SPV sole control of Solar Capital De Aar 3, finding no substantial competition or public interest concerns.

  • Merger Control
  • Market Share Analysis
  • Public Interest Considerations
  • Renewable Energy Sector
  • Merger-control
  • Competition-law
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Competition Law [2021] ZACT 23

Business Venture Investment No. 2182 (Pty) Ltd v Silica Holdings (Pty) Ltd (LM167Dec20)

Business Venture Investment No. 2182 (Pty) Ltd v Silica Holdings (Pty) Ltd (LM167Dec20) [2021] ZACT 23 (24 March 2021)

The Competition Tribunal unconditionally approved the merger of Business Venture Investment No. 2182 and Silica Holdings, finding no horizontal overlap or public interest concern.

  • Large Merger Review
  • Public Interest Considerations
  • Horizontal Overlap
  • Third Party Administration Services
  • Platform As A Service
  • Merger-review
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Competition Law [2020] ZACT 104

Main Street 1788 (Pty) Ltd v Octotel (Pty) Ltd (LM0148Oct20)

Main Street 1788 (Pty) Ltd v Octotel (Pty) Ltd (LM0148Oct20) [2020] ZACT 104 (2 December 2020)

The Competition Tribunal approved Main Street 1788’s acquisition of Octotel unconditionally, finding no competition or public interest concerns.

  • Merger Control
  • Market Definition
  • Public Interest Considerations
  • Merger-control
  • Competition-law
  • Public-interest-considerations
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Competition Law [2017] ZACT 63

Hosken Consolidated Investments Limited and Another v Competition Commission (DC0155Aug17)

Hosken Consolidated Investments Limited and Another v Competition Commission (DC0155Aug17) [2017] ZACT 63; [2017] 2 CPLR 865 (CT) (29 September 2017)

The Tribunal found that its jurisdiction to issue a declaratory order regarding the notifiability of the proposed transaction was not triggered because the applicants had not notified the transaction to the Commission. The Commission's advisory opinion was non-binding and did not constitute a decision or a live dispute requiring Tribunal intervention. The Tribunal emphasized that notification is a jurisdictional prerequisite for its involvement and that alternative remedies exist for the applicants, including notification under protest and further engagement with the Commission. The urgency c…

  • Merger Control
  • Jurisdiction Of Tribunal
  • Declaratory Relief
  • Notification Requirements
  • Public Interest Considerations
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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.