Freeworld Coatings Ltd v Competition Commission and Another (62/X/Oct10)
Freeworld Coatings Ltd v Competition Commission and Another (62/X/Oct10) [2010] ZACT 88; [2010] 2 CPLR 409 (CT) (14 December 2010)
The Tribunal found that the Commission applied an overly strict and mechanistic legal test by requiring a binding offer for a proposed merger to exist. The correct approach is to consider whether there is a sufficiently serious intent to acquire control, supported by cumulative facts and conduct, rather than relying solely on the binding nature of the offer. The Tribunal set aside the Commission's decision and referred the matter back for reconsideration in light of the correct legal test and additional information. The Commission is to determine whether a proposed merger exists and, if so, w…
Source excerpt
- Merger Notification
- Review Of Administrative Action
- Separate Merger Filing
- Competition Act
- Promotion Of Administrative Justice Act