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South Africa Case Law

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Competition Law [2024] ZACT 12

K2023647843 (South Africa) Proprietary Limited v Mayfair Gearbox Holding Company Proprietary Limited (LM124Nov23)

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.

  • Large Merger Review
  • Public Interest Assessment
  • Employment Protection
  • Spread Of Ownership
  • Vertical And Horizontal Overlap
  • Large-merger-review
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Competition Law [2023] ZACT 40

Sanlam Emerging Markets Proprietary Limited and Another v SAN JV (RF) Proprietary Limited (LM100Aug22)

Sanlam Emerging Markets Proprietary Limited and Another v SAN JV (RF) Proprietary Limited (LM100Aug22) [2023] ZACT 40; [2023] 3 CPLR 44 (CT) (17 August 2023)

The Competition Tribunal conditionally approved Sanlam and Allianz’s joint acquisition of SAN JV, imposing restrictions on South African activities and information sharing.

  • Large Merger Review
  • Vertical And Horizontal Overlap
  • Public Interest Conditions
  • Input Foreclosure
  • Customer Foreclosure
  • Black Economic Empowerment
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Competition Law [2022] ZACT 92

Foodcorp (Pty) Ltd v Sunshine Bakery Holdings (Pty) Ltd (LM089Aug22)

Foodcorp (Pty) Ltd v Sunshine Bakery Holdings (Pty) Ltd (LM089Aug22) [2022] ZACT 92 (5 December 2022)

The Competition Tribunal approved Foodcorp’s acquisition of Sunshine Bakery Holdings, subject to two-year procurement conditions to address possible foreclosure concerns.

  • Merger Control
  • Vertical And Horizontal Overlap
  • Input Foreclosure
  • Public Interest
  • B Bbee Ownership
  • Merger-control
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Competition Law [2022] ZACT 96

Ardagh Group S.A v Consol Holdings Proprietary Limited (LM132Dec21)

Ardagh Group S.A v Consol Holdings Proprietary Limited (LM132Dec21) [2022] ZACT 96 (12 May 2022)

The Competition Tribunal conditionally approved Ardagh Group S.A’s acquisition of Consol Holdings, imposing conditions on food jar production, retrenchments, and B-BBEE ownership.

  • Merger Control
  • Public Interest Conditions
  • B Bbee Shareholding
  • Employment Protection
  • Vertical And Horizontal Overlap
  • Merger-control
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Competition Law [2022] ZACT 51

Net1 Applied Technologies South Africa (Pty) Ltd v Ovobix (RF) (Pty) Ltd and Luxiano 227 (Pty) Ltd (LM121Nov21)

Net1 Applied Technologies South Africa (Pty) Ltd v Ovobix (RF) (Pty) Ltd and Luxiano 227 (Pty) Ltd (LM121Nov21) [2022] ZACT 51; [2022] 1 CPLR 11 (CT) (7 April 2022)

The Tribunal conditionally approved Net1 SA’s acquisition of Ovobix and Luxanio, finding no substantial competition harm and imposing ESOP and development conditions.

  • Large Merger Review
  • Public Interest Conditions
  • B Bbee Ownership Dilution
  • Employee Share Ownership Scheme
  • Vertical And Horizontal Overlap
  • Supplier And Enterprise Development
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Competition Law [2021] ZACT 59

Altron TMT SA Group (Pty) Ltd v Law Trusted Third Party Services (Pty) Ltd (LM019May21)

Altron TMT SA Group (Pty) Ltd v Law Trusted Third Party Services (Pty) Ltd (LM019May21) [2021] ZACT 59 (20 September 2021)

The Competition Tribunal conditionally approved Altron TMT’s acquisition of LawTrust, addressing competition concerns through pricing, access, and information-sharing conditions.

  • Merger Control
  • Market Definition
  • Vertical And Horizontal Overlap
  • Public Interest Conditions
  • Barriers To Entry
  • Merger-control
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Competition Law [2021] ZACT 32

Government Employee Pension Fund (represented by the Public Investment Corporation) v The Leasehold Rights (LM020May21)

Government Employee Pension Fund (represented by the Public Investment Corporation) v The Leasehold Rights (LM020May21) [2021] ZACT 32 (23 June 2021)

The Competition Tribunal unconditionally approved GEPF’s acquisition of leasehold rights and a letting enterprise, finding no competition or public interest concerns.

  • Large Merger
  • Office Property Market
  • Public Interest Assessment
  • Merger Clearance
  • Vertical And Horizontal Overlap
  • Large-merger
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Competition Law [2021] ZACT 12

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)

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
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Competition Law [2020] ZACT 45

SPE Mid-Market Fund I Partnership (represented by the general partner, SPE Mid-Market Fund I General Partner (Pty) Ltd v Cavalier Group of Companies (Pty) Ltd (LM146Oct20)

SPE Mid-Market Fund I Partnership (represented by the general partner, SPE Mid-Market Fund I General Partner (Pty) Ltd v Cavalier Group of Companies (Pty) Ltd (LM146Oct20) [2020] ZACT 45 (10 December 2020)

The Competition Tribunal unconditionally approved SPE Mid-Market Fund I Partnership’s acquisition of control over Cavalier Group of Companies, finding no competition or public interest concerns.

  • Merger Control
  • Public Interest
  • Ownership Transformation
  • Vertical And Horizontal Overlap
  • Merger-control
  • Public-interest
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Competition Law [2020] ZACT 24

Nouryon Chemicals International B.V. v CP Kelco Oy (LM170Mar20)

Nouryon Chemicals International B.V. v CP Kelco Oy (LM170Mar20) [2020] ZACT 24; [2020] 2 CPLR 786 (CT) (24 June 2020)

The Competition Tribunal unconditionally approved Nouryon’s acquisition of CP Kelco, finding no substantial competition harm in South Africa’s CMC market.

  • Large Merger
  • Market Share Accretion
  • Public Interest
  • Vertical And Horizontal Overlap
  • Unconditional Approval
  • Competition-law
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.