South Africa Case Law

Northam Platinum Holdings Limited v Impala Platinum Holdings Limited and Others ; Northam Platinum Holdings Limited v Carrim No and Others (202/CAC/Jul22 ; 203/CAC/Jul22)

Northam Platinum Holdings Limited v Impala Platinum Holdings Limited and Others ; Northam Platinum Holdings Limited v Carrim No and Others (202/CAC/Jul22 ; 203/CAC/Jul22) [2022] ZACAC 10; [2022] 2 CPLR 25 (CAC) (5 September 2022)

Court

Competition Appeal Court

Case number

202/CAC/Jul22 ; 203/CAC/Jul22

Judges

Davis AJA, Victor AJJA, Savage AJJA

Competition Appeal Court partially allowed Northam's appeal, expanding its participation rights in a merger hearing while rejecting broad discovery and subpoena powers.

• Merger Control
• Rights Of Participation
• Vertical Effects
• Procedural Fairness
• Discretion Of Tribunal
• Competition-law

Northam Platinum Holdings Limited v Impala Platinum Holdings Limited and Others and a related matter (LM156Dec21; INT045May22)

Northam Platinum Holdings Limited v Impala Platinum Holdings Limited and Others and a related matter (LM156Dec21; INT045May22) [2022] ZACT 63; [2022] 2 CPLR 41 (CT) (20 July 2022)

Court

Competition Tribunal

Case number

LM156Dec21; INT045May22

Judges

Y Carrim, E Daniels, I Valodia

The Tribunal found that while Northam's horizontal theories of harm were speculative and unsupported by evidence, its unique position as a mid-level miner could provide valuable insights into the vertical effects of the merger, particularly regarding the impact on junior miners and smelting capacity. The Tribunal exercised its discretion to grant Northam limited intervention rights, restricting its participation to written and oral submissions on vertical effects and prejudice to junior miners, and subjecting access to confidential information to appropriate undertakings. The Tribunal rejecte…

Source excerpt

• Merger Control
• Vertical Effects
• Horizontal Effects
• Public Interest
• Intervention Rights
• Market Definition

Volkswagen AG v Man SE (59/LM/Jul11)

Volkswagen AG v Man SE (59/LM/Jul11) [2011] ZACT 99; [2012] 1 CPLR 178 (CT) (21 November 2011)

Court

Competition Tribunal

Case number

59/LM/Jul11

Judges

Norman Manoim, Yasmin Carrim, Andreas Wessels

The Competition Tribunal unconditionally approved Volkswagen AG’s acquisition of control of MAN SE, finding no substantial lessening of competition or public interest concerns.

• Merger Control
• Horizontal Effects
• Vertical Effects
• Market Share Analysis
• Public Interest
• Foreclosure

African Bank Investments Limited and Ellerine Holdings Limited (105/LM/Sept07)

African Bank Investments Limited and Ellerine Holdings Limited (105/LM/Sept07) [2008] ZACT 12; [2008] 1 CPLR 89 (CT) (8 February 2008)

Court

Competition Tribunal

Case number

105/LM/Sept07

Judges

D Lewis, Y Carrim, M Mokuena

The Tribunal unconditionally approved African Bank’s acquisition of Ellerine, finding no substantial horizontal, vertical, or public interest concerns.

• Merger Control
• Vertical Effects
• Market Definition
• Foreclosure
• Public Interest
• Merger-control

Realty Dynamix 73 (Pty) Ltd and Another and Seven Proparties of Assetz Property Investment Fund and Three Properties of Pangbourne Properties Ltd (77/LM/JUL07)

Realty Dynamix 73 (Pty) Ltd and Another and Seven Proparties of Assetz Property Investment Fund and Three Properties of Pangbourne Properties Ltd (77/LM/JUL07) [2007] ZACT 98 (10 December 2007)

Court

Competition Tribunal

Case number

77/LM/JUL07

Judges

DH Lewis, N Manoim, Y Carrim

The Competition Tribunal unconditionally approved a merger involving grade A office and showroom properties, finding low combined market shares and no public interest concerns.

• Merger Clearance
• Horizontal Effects
• Market Definition
• Grade A Office Property
• Public Interest
• Vertical Effects

Johnnic Book Retail Ltd t/a Exclusive Books and Van Schaik Bookstores A division of Via Afrika Ltd (43 /LM/Apr07)

Johnnic Book Retail Ltd t/a Exclusive Books and Van Schaik Bookstores A division of Via Afrika Ltd (43 /LM/Apr07) [2007] ZACT 82; [2007] 2 CPLR 311 (CT) (5 November 2007)

Court

Competition Tribunal

Case number

43 /LM/Apr07

Judges

D Lewis, N Manoim, M Mokuena

The Tribunal unconditionally approved Exclusive Books’ acquisition of Van Schaik, finding limited overlap in general and academic book retailing and no competition concerns.

• Merger Clearance
• Horizontal Effects
• Vertical Effects
• Market Definition
• Public Interest
• Merger-clearance

Metropolitan Holdings Ltd and HTG Life Ltd (58/LM/Jun07)

Metropolitan Holdings Ltd and HTG Life Ltd (58/LM/Jun07) [2007] ZACT 58 (5 September 2007)

Court

Competition Tribunal

Case number

58/LM/Jun07

Judges

N Manoim, L Reyburn, M Mokuena

The Competition Tribunal approved Metropolitan Holdings Ltd’s acquisition of HTG Life Ltd unconditionally, finding low combined market shares and no public interest concerns.

• Merger Clearance
• Market Definition
• Horizontal Effects
• Vertical Effects
• Public Interest
• Market Share Analysis

ABSA Capital Limited and Thebe Investment Corporation (Pty) Ltd (100/LM/Nov06)

ABSA Capital Limited and Thebe Investment Corporation (Pty) Ltd (100/LM/Nov06) [2007] ZACT 11 (30 January 2007)

Court

Competition Tribunal

Case number

100/LM/Nov06

Judges

DH Lewis, N Manoim, Y Carrim

The Competition Tribunal unconditionally approved ABSA Capital’s acquisition of joint control in Thebe Investment Corporation, finding no serious competition or public interest concerns.

• Merger Control
• Market Definition
• Horizontal Effects
• Vertical Effects
• Public Interest
• Joint Control

Merafe Ferrochrome and Mining (Pty) Ltd / Xstrata South Africa (Pty) Ltd and Xstrata (Samancor Production Joint Venture) / Samancor Ltd (56/LM/Jun05)

Merafe Ferrochrome and Mining (Pty) Ltd / Xstrata South Africa (Pty) Ltd and Xstrata (Samancor Production Joint Venture) / Samancor Ltd (56/LM/Jun05) [2006] ZACT 9 (13 February 2006)

Court

Competition Tribunal

Case number

56/LM/Jun05

Judges

Y Carrim, N Manoim, L Reyburn

The Competition Tribunal approved Merafe and Xstrata’s merger-related transaction with Samancor, finding only minor market-share accretions and no public-interest concerns.

• Large Merger Review
• Horizontal Effects
• Vertical Effects
• Market Share Accretion
• Public Interest
• Supply Conditions

Steinhoff Africa Holdings (Pty) Ltd and North Eastern Cape Forest Joint Venture Goeiehoop Farming (Pty) Ltd (93/LM/Sep05)

Steinhoff Africa Holdings (Pty) Ltd and North Eastern Cape Forest Joint Venture Goeiehoop Farming (Pty) Ltd (93/LM/Sep05) [2006] ZACT 6; [2006] 1 CPLR 363 (CT) (19 January 2006)

Court

Competition Tribunal

Case number

93/LM/Sep05

Judges

N. Manoim, Y. Carrim, M Mokuena

The Competition Tribunal approved Steinhoff’s acquisition into the North Eastern Cape forestry venture, finding no substantial competition harm and no public-interest objection.

• Large Merger Review
• Horizontal Effects
• Vertical Effects
• Public Interest
• Market Definition
• Forestry Sector Merger