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South Africa Case Law

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Competition Law [2023] ZACT 36

Cape Town Biogas Proprietary Limited v New Horizons Waste to Energy (RF) Proprietary Limited (LM152Dec22)

Cape Town Biogas Proprietary Limited v New Horizons Waste to Energy (RF) Proprietary Limited (LM152Dec22) [2023] ZACT 36; [2023] 2 CPLR 18 (CT) (31 March 2023)

The Competition Tribunal conditionally approved Cape Town Biogas’s acquisition of New Horizons Waste to Energy, subject to public interest conditions.

  • Merger Control
  • Vertical Foreclosure
  • Public Interest Conditions
  • Spread Of Ownership
  • Employment Effects
  • Merger-control
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Competition Law [2022] ZACT 64

Magnesium Bidco Limited v Mimecast Limited (LM170JAN22)

Magnesium Bidco Limited v Mimecast Limited (LM170JAN22) [2022] ZACT 64; [2022] 1 CPLR 9 (CT) (6 April 2022)

The Tribunal conditionally approved Magnesium Bidco’s acquisition of Mimecast, finding no substantial competition concerns and imposing B-BBEE-related conditions.

  • Merger Control
  • Public Interest Conditions
  • Vertical Foreclosure
  • Horizontal Overlap
  • B Bbee Initiatives
  • Merger-control
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Competition Law [2016] ZACT 67

AFGRI Operations Limited v Pride Milling Company (Pty) Limited (LM237Feb16)

AFGRI Operations Limited v Pride Milling Company (Pty) Limited (LM237Feb16) [2016] ZACT 67; [2016] 2 CPLR 778 (CT) (10 August 2016)

The Competition Tribunal conditionally approved AFGRI’s acquisition of Pride Milling, finding no substantial competition harm and no public interest concerns.

  • Merger Control
  • Horizontal Overlap
  • Vertical Foreclosure
  • Public Interest
  • Market Definition
  • Merger-control
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Competition Law [2016] ZACT 29

Business Venture Investments 1889 (Pty) Ltd v Idwala Industrial Holdings Limited (LM197Dec15)

Business Venture Investments 1889 (Pty) Ltd v Idwala Industrial Holdings Limited (LM197Dec15) [2016] ZACT 29 (12 April 2016)

The Competition Tribunal approved unconditionally the merger between Business Venture Investments 1889 (Pty) Ltd and Idwala Industrial Holdings Limited.

  • Merger Control
  • Horizontal Overlap
  • Vertical Foreclosure
  • Bundling
  • Public Interest
  • Market Share Accretion
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Competition Law [2015] ZACT 89

VAPS Holding (Pty) Ltd v Motorite Administrators (Pty) Ltd and Others (LM053Jun15)

VAPS Holding (Pty) Ltd v Motorite Administrators (Pty) Ltd and Others (LM053Jun15) [2015] ZACT 89; [2015] 2 CPLR 678 (CT) (4 November 2015)

The Tribunal conditionally approved a joint venture merger in the motor VAPS market, imposing conditions to prevent foreclosure and protect competition.

  • Merger Control
  • Vertical Foreclosure
  • Market Definition
  • Public Interest
  • Remedies And Conditions
  • Merger-control
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Competition Law [2015] ZACT 33

Deltrade 83 (Pty) Ltd v Property Management Business of Liberty Holdings Limited Known as LP Manco and Retail Property Management Business of JHI Properties Known as JHI Retail Division (020404)

Deltrade 83 (Pty) Ltd v Property Management Business of Liberty Holdings Limited Known as LP Manco and Retail Property Management Business of JHI Properties Known as JHI Retail Division (020404) [2015] ZACT 33 (15 April 2015)

The Tribunal conditionally approved Deltrade’s acquisition, finding no substantial competition harm and imposing employment-related safeguards.

  • Merger Control
  • Vertical Foreclosure
  • Public Interest Employment
  • Consultation Obligations
  • Merger-control
  • Employment-concerns
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Competition Law [2011] ZACT 65

Old Mutual Life Assurance Company (South Africa) v Liberty Star Consumer Holdings (Pty) Ltd (57/LM/Jul11)

Old Mutual Life Assurance Company (South Africa) v Liberty Star Consumer Holdings (Pty) Ltd (57/LM/Jul11) [2011] ZACT 65 (5 September 2011)

The Competition Tribunal unconditionally approved Old Mutual’s acquisition of a direct stake in Libstar, finding no competition or public interest concerns.

  • Merger Control
  • Vertical Foreclosure
  • Negative Control
  • Public Interest
  • Market Structure
  • Merger-control
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Administrative Law [2008] ZACT 108

AC Whitcher (Propriety Limited v Competition Commission of South Africa and Others (69/AM/Jul07)

AC Whitcher (Propriety Limited v Competition Commission of South Africa and Others (69/AM/Jul07) [2008] ZACT 108; [2009] 1 CPLR 92 (CT) (10 December 2008)

The Tribunal found that the Commission's investigation and decision-making process in approving the merger were thorough, reasoned, and consistent with established principles of competition law and administrative fairness. The Commission considered all relevant factors, engaged with stakeholders, and applied appropriate economic analysis. The applicant's grounds for review, including alleged errors of law and unreasonableness, were not substantiated. The Tribunal emphasized that its role in review proceedings is to assess the reasonableness of the process, not to substitute its own view for t…

  • Merger Review
  • Vertical Foreclosure
  • Reasonableness Standard
  • Unreasonable Delay
  • Administrative Action
  • Competition Act Section 12a
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Competition Law [2008] ZACT 10

Naspers Ltd and Electronic Media Network Ltd & Another (23/LM/Feb07)

Naspers Ltd and Electronic Media Network Ltd & Another (23/LM/Feb07) [2008] ZACT 10; [2008] 1 CPLR 127 (CT) (24 January 2008)

The Tribunal unconditionally approved Naspers’ acquisition of sole control of M-Net and SuperSport, rejecting claims that the merger would enable foreclosure or mixed bundling.

  • Merger Control
  • Vertical Foreclosure
  • Mixed Bundling
  • Portfolio Effects
  • Advertising Markets
  • Dominance
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Competition Law [2007] ZACT 24

Newshelf 809 (Pty) Ltd and Consol Limited (07/LM/JAN07)

Newshelf 809 (Pty) Ltd and Consol Limited (07/LM/JAN07) [2007] ZACT 24; [2007] 1 CPLR 213 (CT) (13 April 2007)

The Competition Tribunal unconditionally approved the merger of Newshelf 809 (Pty) Ltd and Consol Limited after finding no material competition concerns.

  • Merger Control
  • Horizontal Overlap
  • Vertical Foreclosure
  • Private Equity Transaction
  • Merger-control
  • Horizontal-overlap
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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.