South Africa Case Law

Capital Newspapers (Pty) Ltd and Another v Media 24 Holding Ltd and Others (259/CAC/Oct24)

Capital Newspapers (Pty) Ltd and Another v Media 24 Holding Ltd and Others (259/CAC/Oct24) [2024] ZACAC 5 (24 December 2024)

Court

Competition Appeal Court

Case number

259/CAC/Oct24

Judges

Davis AJA, Nuku JA, Siwendu AJA

The Court found that the notified transaction reviewed by the Competition Commission was limited to the sale of On the Dot and certain community newspapers, and did not encompass the migration of other print titles to digital platforms. The migration decision was a separate commercial decision by Media 24, prompted by market dynamics and declining print circulation, and did not involve a change of control as required by the Competition Act for a merger. The applicants failed to establish a sufficiently close link between the migration and the notified merger to justify treating them as a comp…

Source excerpt

• Merger Control
• Public Interest In Mergers
• Freedom Of Expression
• Change Of Control
• Competition Act Interpretation
• Constitutional Rights In Merger Review

Zurivision (Pty) Ltd and Others v Thabong Coal (Pty) Ltd and Others and Other related matters (LM144Jan20; INT130Sep20)

Zurivision (Pty) Ltd and Others v Thabong Coal (Pty) Ltd and Others and Other related matters (LM144Jan20; INT130Sep20) [2020] ZACT 78 (4 November 2020)

Court

Competition Tribunal

Case number

LM144Jan20; INT130Sep20

Judges

AW Wessels, E Daniels, M Mazwai

The Tribunal found that the Applicants failed to demonstrate a material or substantial interest in the merger proceedings, as their concerns were purely commercial and not merger-specific. The Applicants did not establish a nexus between their disputes over mining rights and the merger under consideration. The Tribunal held that issues relating to DMRE processes and High Court litigation fall outside its jurisdiction and are irrelevant to the competition assessment. The Applicants did not show how they could assist the Tribunal in its statutory mandate or provide evidence of flaws in the Comm…

Source excerpt

• Merger Intervention
• Material Interest Test
• Public Interest In Mergers
• Competition Tribunal Discretion

Community Healthcare Holdings (Pty) Ltd and Another v Competition Tribunal and Others (44/CAC/Feb05)

Community Healthcare Holdings (Pty) Ltd and Another v Competition Tribunal and Others (44/CAC/Feb05) [2005] ZACAC 3; [2005] 1 CPLR 38 (CAC); 2005 (5) SA 175 (CAC) (26 April 2005)

Court

Competition Appeal Court

Case number

44/CAC/Feb05

Judges

Davis JP, Jali JA, Malan AJA

The Competition Appeal Court dismissed an appeal and related consolidation attempt concerning intervention in merger proceedings, holding that the appellants had not justified participation.

• Merger Control
• Intervention Rights
• Public Interest In Mergers
• Judicial Discretion
• Black Economic Empowerment
• Competition-merger-control