South Africa Case Law

SPE Mid-Market Fund I Partnership (represented by the general partner, SPE Mid-Market Fund I General Partner (Pty) Ltd v Absolute Pets Proprietary Limited (LM191Feb21)

SPE Mid-Market Fund I Partnership (represented by the general partner, SPE Mid-Market Fund I General Partner (Pty) Ltd v Absolute Pets Proprietary Limited (LM191Feb21) [2021] ZACT 12 (24 February 2021)

Court

Competition Tribunal

Case number

LM191Feb21

Judges

Enver Daniels, Mondo Mazwai, Halton Cheadle

The Competition Tribunal unconditionally approved SPE Fund’s acquisition of 80.11% of Absolute Pets, finding no competition or public interest concerns.

• Merger Control
• Substantial Lessening Of Competition
• Public Interest
• Vertical And Horizontal Overlap
• Merger-control
• Competition-law

Grindrod Property Holdings Limited v SA Corporate Real Estate (SACREL) in relation to various rental enterprises belonging to respective wholly-owned subsidiaries of SACREL (LM121Sep20)

Grindrod Property Holdings Limited v SA Corporate Real Estate (SACREL) in relation to various rental enterprises belonging to respective wholly-owned subsidiaries of SACREL (LM121Sep20) [2020] ZACT 43 (16 November 2020)

Court

Competition Tribunal

Case number

LM121Sep20

Judges

Y Carrim, E Daniels, T Vilakazi

The Tribunal unconditionally approved Grindrod Property Holdings’ acquisition of SACREL rental enterprises in Durban, finding no substantial lessening of competition or public interest harm.

• Merger Control
• Substantial Lessening Of Competition
• Public Interest
• Industrial Property Market
• Employment Effects
• Merger-control

Mediclinic Southern Africa (Pty) Ltd and Another v Competition Commission (172/CAC/Feb19)

Mediclinic Southern Africa (Pty) Ltd and Another v Competition Commission (172/CAC/Feb19) [2020] ZACAC 3; [2020] 1 CPLR 66 (CAC) (6 February 2020)

Court

Competition Appeal Court

Case number

172/CAC/Feb19

Judges

Rogers JA, Victor JA, Vally JA

The majority held that the Tribunal erred in its definition of the geographic market by combining Klerksdorp and Potchefstroom, finding instead that each town constitutes a separate local market. The merger would not result in a substantial lessening of competition in either local market, as Mediclinic would not gain additional market power beyond that held by Matlosana. The evidence showed that Mediclinic’s efficiencies in procurement and management would likely result in lower overall costs per event at the target hospitals, offsetting tariff increases. The Tribunal’s concerns regarding reg…

Source excerpt

• Merger Control
• Substantial Lessening Of Competition
• Public Interest Assessment
• Market Definition
• Remedies In Merger Control
• Healthcare Sector Merger

African Rainbow Minerals Limited v The Machadodorp Works ferrochrome and ferromanganese division of Assmang (Pty) Ltd (LM232Jan19)

African Rainbow Minerals Limited v The Machadodorp Works ferrochrome and ferromanganese division of Assmang (Pty) Ltd (LM232Jan19) [2019] ZACT 6 (20 February 2019)

Court

Competition Tribunal

Case number

LM232Jan19

Judges

Yasmin Carrim, Mondo Mazwai, lmraan Valodia

The Competition Tribunal unconditionally approved ARM’s acquisition of the Machadodorp Works ferrochrome and ferromanganese division of Assmang, finding no competition or public interest concerns.

• Merger Notification
• Substantial Lessening Of Competition
• Public Interest
• Employment Effects
• Competition-law
• Merger-control

Unemployment Insurance Fund, duly represented by the Public Investment Corporation SOC Limited v LA Crushers (Pty) Ltd (LM209Nov18)

Unemployment Insurance Fund, duly represented by the Public Investment Corporation SOC Limited v LA Crushers (Pty) Ltd (LM209Nov18) [2019] ZACT 3 (16 January 2019)

Court

Competition Tribunal

Case number

LM209Nov18

Judges

Norman Manoim, Enver Daniels, Andiswa Ndoni

The Competition Tribunal unconditionally approved UIF’s acquisition of a 49.5% interest in LA Crushers, finding no competition or public interest concerns.

• Large Merger
• Joint Control
• Substantial Lessening Of Competition
• Public Interest
• Shareholding Dilution
• Large-merger

BOE Private Equity (Pty) Ltd and Another v Heritage Capital Fund (LM182Sep18)

BOE Private Equity (Pty) Ltd and Another v Heritage Capital Fund (LM182Sep18) [2018] ZACT 49 (21 November 2018)

Court

Competition Tribunal

Case number

LM182Sep18

Judges

Enver Daniels, Mondo Mazwai, Fiona Tregenna

The Tribunal unconditionally approved BoE Private Equity and Heritage Capital’s acquisition of 30% of General Profiling, finding no competition or public interest concerns.

• Merger Control
• Public Interest
• Substantial Lessening Of Competition
• Merger-control
• Public-interest
• Competition-law

Main Street 1511 (Pty) Ltd v Roossenkal Foods Investment Holdings (Pty) Ltd (LM265Jan18)

Main Street 1511 (Pty) Ltd v Roossenkal Foods Investment Holdings (Pty) Ltd (LM265Jan18) [2018] ZACT 18 (5 March 2018)

Court

Competition Tribunal

Case number

LM265Jan18

Judges

Andreas Wessels, Mondo Mazwai, Andiswa Ndoni

The Competition Tribunal unconditionally approved Main Street 1511’s acquisition of Roossenekal Foods Investment Holdings, finding no competition or public interest concerns.

• Merger Notification
• Substantial Lessening Of Competition
• Public Interest
• Sale Of Shares
• Merger-notification
• Competition-law

Unilever South Africa (Pty) Ltd v Aconcagua 14 Investments (RF) (Pty) Ltd (LM051May17)

Unilever South Africa (Pty) Ltd v Aconcagua 14 Investments (RF) (Pty) Ltd (LM051May17) [2017] ZACT 16 (27 June 2017)

Court

Competition Tribunal

Case number

LM051May17

Judges

AW Wessels, Mondo Mazwai, lmraan Valodia

The Competition Tribunal unconditionally approved Unilever South Africa’s acquisition of Aconcagua 14 Investments, finding no competition or public-interest concerns.

• Merger Control
• Public Interest
• Substantial Lessening Of Competition
• Merger-control
• Public-interest
• Substantial-lessening-of-competition

Arcelor Mittal SA Ltd v Metal and Thabazimbi Mine (LM231Mar17)

Arcelor Mittal SA Ltd v Metal and Thabazimbi Mine (LM231Mar17) [2017] ZACT 25; [2017] 1 CPLR 209 (CT) (22 June 2017)

Court

Competition Tribunal

Case number

LM231Mar17

Judges

Norman Manoim, Enver Daniels, Imraan Valodia

The Competition Tribunal unconditionally approved ArcelorMittal South Africa’s acquisition of Thabazimbi Mine, finding no substantial lessening of competition or public interest harm.

• Merger Control
• Horizontal Overlap
• Vertical Relationship
• Substantial Lessening Of Competition
• Public Interest
• Rehabilitation Liability

Imerys South Africa (Pty) Ltd and Another v Competition Commission (147/CAC/Oct16, IM013May15)

Imerys South Africa (Pty) Ltd and Another v Competition Commission (147/CAC/Oct16, IM013May15) [2017] ZACAC 1; [2017] 1 CPLR 33 (CAC) (2 March 2017)

Court

Competition Appeal Court

Case number

147/CAC/Oct16

Judges

Davis, Rogers, Boqwana

The Competition Appeal Court upheld a merger prohibition in the andalusite market, finding the proposed conditions did not adequately remove likely anti-competitive effects.

• Merger Control
• Substantial Lessening Of Competition
• Burden Of Proof
• Public Interest Override
• Conditional Approval
• Market Definition