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South Africa decisions
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Community Property Company (Pty) Ltd v Boitekong Mall C/O Luvon Investments (Pty) Ltd (LM013Apr24) [2024] ZACT 21 (28 June 2024)
The Competition Tribunal approved CPC’s acquisition of Boitekong Mall, finding no geographic overlap, no employment harm, and a positive HDP ownership effect.
RMB Ventures Eight Proprietary Limited and Bopa Moruo Fund II Proprietary Limited v Icon Oncology Holdings Proprietary Limited (LM147Dec23) [2024] ZACT 39 (26 March 2024)
The Competition Tribunal unconditionally approved RMB Ventures and Bopa Moruo’s acquisition of joint control over Icon Oncology Holdings, finding no competition or public interest concerns.
Barkophor Investments Proprietary Limited v Izandla Property Fund Proprietary Limited (LM138Dec23) [2024] ZACT 43 (8 March 2024)
The Competition Tribunal unconditionally approved Barkophor Investments’ acquisition of the Sasol DC letting enterprise from Izandla Property Fund.
Beko Europe B.V. and Beko B.V v Whirlpool Corporation's European Major Domestic Appliances Business, and Whirlpool Maroc S.A.R.L (Morocco) and Whirlpool MEEA (UAE) (LM063Aug23) [2024] ZACT 32 (1 March 2024)
The Competition Tribunal conditionally approved Beko’s acquisition of Whirlpool’s major domestic appliances businesses, finding no substantial lessening of competition and imposing public interest conditions.
Units on Jorissen Proprietary Limited v Varsity Stay 2 Proprietary Limited (LM130Nov23) [2024] ZACT 13; [2024] 2 CPLR 26 (CT) (20 February 2024)
The Competition Tribunal unconditionally approved a merger in which Units on Jorissen acquired the remaining 50% share of a student accommodation property.
Hatfield Holdings (Pty) Ltd and Hatfield Property Holdings (Pty) Ltd v Business of the Hatfield Haval Dealership and the Property on which the dealership operates (LM113Oct23) [2024] ZACT 37 (22 January 2024)
The Tribunal unconditionally approved Hatfield Holdings’ acquisition of the Hatfield Haval dealership and its property, finding no substantial competition harm or public interest concerns.
Compensation, Duly Represented by the Public Investment Corporation SOC Limited v Rand Mutual Holdings Limited (LM115Oct23) [2024] ZACT 9 (19 January 2024)
The Competition Tribunal unconditionally approved the merger between the Compensation Fund, represented by the PIC, and Rand Mutual Holdings Limited.
K2023647843 (South Africa) Proprietary Limited v Mayfair Gearbox Holding Company Proprietary Limited (LM124Nov23) [2024] ZACT 12; [2024] 2 CPLR 19 (CT) (17 January 2024)
The Competition Tribunal unconditionally approved the acquisition of Mayfair Gearbox Holding Company by SPE BidCo, finding no competition overlaps or material public interest concerns.
Twin City Trading 2 (Pty) Ltd v Castle Gate (Pty) Ltd and Another (LM004Apr23) [2023] ZACT 28; [2023] 3 CPLR 45 (CT) (17 July 2023)
The Tribunal found that the proposed transaction, involving Twin City Trading acquiring a 30% undivided share in the rental enterprises of Castle Gate and Club Retail, should be treated as a single indivisible merger due to the interlinked agreements and common control. The Tribunal agreed with the Commission that the merger would not substantially prevent or lessen competition in the market for lettable retail property, regardless of the precise market definition, given the low post-merger market share and the availability of alternative shopping centres within close proximity. The Tribunal…
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EMIF II Investment Proprietary Limited v Vector Logistics Proprietary Limited (LM003Apr23) [2023] ZACT 59; [2023] 3 CPLR 39 (CT) (13 July 2023)
The Competition Tribunal conditionally approved EMIF II Investment’s acquisition of Vector Logistics, imposing conditions on retrenchments, ESOPs and capex.
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