South Africa Case Law

Draslovka Holdings A.S. and Another v Competition Commission of South Africa and Others (IM139Dec21)

Draslovka Holdings A.S. and Another v Competition Commission of South Africa and Others (IM139Dec21) [2024] ZACT 31 (1 February 2024)

Court

Competition Tribunal

Case number

IM139Dec21

Judges

Wilson, Mncube, Wessels

The Tribunal found that the proposed merger would result in a substantial anti-competitive and public interest harm by causing a significant and indefinite price increase for liquid sodium cyanide supplied to South African gold mining companies. This price increase is merger-specific, arising from the vertical de-integration of the sodium cyanide business from Sasol and the shift to import parity pricing for key inputs, particularly caustic soda. The Tribunal rejected the applicants' argument that recent price increases were unrelated to the merger, finding that Sasol's change in pricing meth…

Source excerpt

• Merger Control
• Vertical Deintegration
• Import Parity Pricing
• Public Interest Assessment
• Market Power
• Remedies And Conditions

China Baowu Steel Group Corporation Ltd v Sinosteel Group Corporation Ltd (LM187Feb23)

China Baowu Steel Group Corporation Ltd v Sinosteel Group Corporation Ltd (LM187Feb23) [2023] ZACT 7 (14 March 2023)

Court

Competition Tribunal

Case number

LM187Feb23

Judges

J Wilson, L Mncube, F Tregenna

The Competition Tribunal approved the merger between China Baowu Steel Group Corporation Ltd and Sinosteel Group Corporation Ltd, subject to conditions.

• Merger Control
• Competition Act Approval
• Remedies And Conditions
• Merger-control
• Competition-act-approval
• Competition-tribunal

DH Brothers Industries (Pty) Ltd and Another v Russellstone Protein (Pty) Ltd (LM061Jun20)

DH Brothers Industries (Pty) Ltd and Another v Russellstone Protein (Pty) Ltd (LM061Jun20) [2021] ZACT 110 (29 October 2021)

Court

Competition Tribunal

Case number

LM061Jun20

Judges

Y Carrim, A Wessels, H Cheadle

The Tribunal conditionally approved a joint venture merger in the soya meal market, finding the Commission had not proved likely coordinated effects or public interest harm.

• Joint Venture Merger
• Coordinated Effects
• Market Concentration
• Information Exchange
• Public Interest Assessment
• Remedies And Conditions

Retailability Proprietary Limited v Parts of the Edgars business conducted by Edcon Limited in South Africa (LM100Aug20)

Retailability Proprietary Limited v Parts of the Edgars business conducted by Edcon Limited in South Africa (LM100Aug20) [2020] ZACT 72 (11 November 2020)

Court

Competition Tribunal

Case number

LM100Aug20

Judges

M Mazwai, Y Carrim, E Daniels

The Tribunal approved Retailability’s acquisition of parts of Edcon’s Edgars business, subject to conditions protecting jobs and re-employment rights.

• Merger Control
• Public Interest
• Employment Protection
• Market Share Analysis
• Business Rescue
• Remedies And Conditions

SA Retail Properties (Pty) Ltd v Silver Crown Trading 27 (Pty) Ltd, Storage Genie (Pty) Ltd and related parties in respect of six storage unit properties (LM2180ct17)

SA Retail Properties (Pty) Ltd v Silver Crown Trading 27 (Pty) Ltd, Storage Genie (Pty) Ltd and related parties in respect of six storage unit properties (LM2180ct17) [2018] ZACT 44; [2018] 1 CPLR 326 (CT) (23 March 2018)

Court

Competition Tribunal

Case number

LM2180ct17

Judges

Andreas Wessels, Medi Mokuena, Andiswa Ndoni

The Competition Tribunal conditionally approved SA Retail Properties’ acquisition of six storage facilities, imposing seven-year notification conditions for future site sales.

• Merger Notification
• Horizontal Overlap
• Market Share Analysis
• Public Interest
• Remedies And Conditions
• Merger-notification

CTP Limited and Another v Competition Commission (IM232Feb16)

CTP Limited and Another v Competition Commission (IM232Feb16) [2016] ZACT 38; [2016] 1 CPLR 105 (CT) (11 May 2016)

Court

Competition Tribunal

Case number

IM232Feb16

Judges

Norman Manoim, Andreas Wessels, Anton Roskam

The Tribunal approved a merger after finding the target was a failing firm in a declining CD/DVD market and rejecting a pricing cap remedy.

• Failing Firm Doctrine
• Merger Control
• Unilateral Effects
• Public Interest Considerations
• Market Definition
• Remedies And Conditions

VAPS Holding (Pty) Ltd v Motorite Administrators (Pty) Ltd and Others (LM053Jun15)

VAPS Holding (Pty) Ltd v Motorite Administrators (Pty) Ltd and Others (LM053Jun15) [2015] ZACT 89; [2015] 2 CPLR 678 (CT) (4 November 2015)

Court

Competition Tribunal

Case number

LM053Jun15

Judges

Yasmin Carrim, Andiswa Ndoni, Anton Roskam

The Tribunal conditionally approved a joint venture merger in the motor VAPS market, imposing conditions to prevent foreclosure and protect competition.

• Merger Control
• Vertical Foreclosure
• Market Definition
• Public Interest
• Remedies And Conditions
• Merger-control

Senmin International (Pty) Ltd and Another v Competition Commission (14/AM/Feb12)

Senmin International (Pty) Ltd and Another v Competition Commission (14/AM/Feb12) [2013] ZACT 5; [2013] 1 CPLR 146 (CT) (7 February 2013)

Court

Competition Tribunal

Case number

14/AM/Feb12

Judges

Takalani Madima, Andreas Wessels, Merle Holden

The Tribunal conditionally approved Senmin’s acquisition of CD, finding a likely risk of downstream foreclosure in technical grade CMC but accepting behavioural remedies.

• Vertical Merger
• Input Foreclosure
• Market Definition
• Remedies And Conditions
• Dominance
• Product Substitutability

Oceana Group Ltd v V&A Cold Store (Pty) Ltd (77/AM/Jul12)

Oceana Group Ltd v V&A Cold Store (Pty) Ltd (77/AM/Jul12) [2012] ZACT 93 (6 November 2012)

Court

Competition Tribunal

Case number

77/AM/Jul12

Judges

Norman Manoim, Andreas Wessels, Medi Mokuena

The Competition Tribunal conditionally approved Oceana’s acquisition of V&A Cold Store, imposing behavioural conditions to protect access in the Cape Town quayside market.

• Merger Control
• Market Definition
• Remedies And Conditions
• Public Interest
• Capacity Utilisation
• Non Discrimination

DCD-Dorbyl (Pty) Ltd and Another v Competition Commission (53/AM/May12)

DCD-Dorbyl (Pty) Ltd and Another v Competition Commission (53/AM/May12) [2012] ZACT 77; [2012] 2 CPLR 386 (CT) (29 August 2012)

Court

Competition Tribunal

Case number

53/AM/May12

Judges

Yasmin Carrim, Andreas Wessels, Andiswa Ndoni

The Competition Tribunal conditionally approved DCD-Dorbyl’s acquisition of EBH Group Holdings, accepting revised conditions to address regional ship repair competition concerns.

• Merger Control
• Market Definition
• Remedies And Conditions
• Public Interest
• Dominance
• Access To Infrastructure