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Competition Law [2014] ZACT 102

Octodec Investments Limited v Premium Properties Limited (019042)

Octodec Investments Limited v Premium Properties Limited (019042) [2014] ZACT 102 (1 October 2014)

The Tribunal found that the proposed merger between Octodec Investments Limited and Premium Properties Limited was unlikely to substantially prevent or lessen competition in the relevant property markets, as post-merger market shares were generally low and vacant space provided competitive constraints. The only higher market share was in the C-Grade office property market in Johannesburg CBD, but this did not raise competition concerns. The Tribunal accepted the Commission's public interest concerns regarding exclusivity clauses in anchor tenant leases, which could restrict small businesses f…

  • Merger Control
  • Exclusivity Clauses
  • Public Interest
  • Rental Market Overlap
  • Market Share Analysis
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