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South Africa decisions
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Corvest 12 (Pty) Ltd v The Alternative Power (Pty) Ltd (LM0138Oct20) [2020] ZACT 44 (2 December 2020)
The Competition Tribunal approved Corvest 12’s acquisition of control over Alternative Power unconditionally, finding no horizontal overlap or public interest concerns.
Caxton CTP Publishers and Printers Limited and Naspers Ltd / Electronic Media Network Ltd / Supersport International Holdings Ltd / Competition Commission (16/FN/Mar04) [2004] ZACT 25; [2004] 1 CPLR 217 (CT) (13 April 2004)
The Tribunal held that the scheme of arrangement did not constitute a notifiable merger. Although Naspers' aggregate economic interest in M-Net post-transaction would exceed 50%, it did not acquire sole control over M-Net or SuperSport. The MNH98 holding remained subject to joint control with Johncom, and the transaction did not alter Naspers' legal or economic relationship to this portion of its interest. The Tribunal found that an increase in economic interest alone does not amount to a change of control for merger notification purposes. The applicant failed to demonstrate that Naspers acqu…
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Johnnic Communications Ltd and New Africa Investments Ltd (54/FN/Oct03) [2003] ZACT 55 (13 October 2003)
The Tribunal dismissed an urgent application to stop implementation of a share transaction involving Nail, but ordered further filings on whether the deal was a notifiable merger.
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