UPCOMING CASES - TRIBUNAL ROLL FOR WEDNESDAY, 12 OCTOBER 2016

 

 

The hearing starts at 10h00 and will be held at the following address:

 

The dti Campus

77 Meintjies Street

Mulayo Building, (Block C)

Sunnyside, Pretoria

Tel: +27 (0) 12 394 3300

Fax: 27 (0) 12 394 0169

Website: http://www.comptrib.co.za

 

Type of matter
Parties involved
Competition Commission’s recommendation to Tribunal
Large merger

JMR Holdings (Pty) Ltd And Transaction Capital Limited

Approve without conditions

Large merger

 

Growthpoint Properties Limited And Romeo Properties (Pty) Ltd in Respect To The Hillcrest and Gateway Private Hospital Properties

Approve without conditions

Large merger

Main Street 1440 (Pty) Ltd And Smit Holdings SA (Pty) Ltd and Main Street 1440 (Pty) Ltd

Approve without conditions

Large merger

Pepkor (Pty) Ltd And Southern View Finance SA (Pty) Ltd and Van AS and Associates Recoveries (Pty) Ltd

Approve without conditions

Application to Substitute Parties

Competition Commission and Hendrik Wilhelm Carl Pistorius N.O.

Unopposed application

 

JMR Holdings merger with Transaction Capital Ltd

The Competition Commission has recommended a merger between JMR Holdings and Transaction Capital Ltd be approved without conditions.

The relevant market in this case offers financial service facilities except insurance and pension fund activities.

JMRH is not controlled by any other company. Transaction Capital Ltd provides specialised financial and allied services to the South African services sector and conducts business through the asset backed lending division and the transaction capital division.

Transaction Capital owns: SA Taxi Finance; MBD Credit Solutions Holdings; TC Corporate Support and TC Treasury.

Growthpoint buys health sector properties in KZN

The Competition Tribunal is to consider a merger between Growthpoint Properties Ltd and Romed Properties Pty Ltd in respect of the immovable property on which Hillcrest Private Hospital and Gateway Private Hospital are based. Growthpoint will not acquire any hospital licenses.

Growthpoint has a property portfolio which consists largely of rentable retail, residential, office and industrial space situated in Gauteng, Eastern Cape, KwaZulu-Natal and the Western Cape. Romed owns the target properties located in KwaZulu-Natal.

Hospital property presently owned by Growthpoint is in the Western Cape.

The Commission has recommended this merger be approved without conditions.

Merger between RMB-owned firm and company offering maritime services

The Tribunal is to consider the merger between Rand Merchant Bank-owned Main Street 1440 Pty Ltd and new incorporated vehicle Bidco, involved in offshore maritime services, terminal services and in-port bunker supply services in SA.

The acquiring firm, Bidco is made up of Main Street 14444 Pty Ltd and SMIT Holdings Pty Ltd. RMB is the investment arm of FirstRand Group.

The Commission, which has recommended approval without conditions, found that Bidco did not have any companies that are active in the market in which the acquiring company is active.

Pepkor acquires control of personal loan providers

The acquiring group in this merger is Pepkor, previously trading as the JD Group Trading Pty Ltd, while acquiring companies are owned by the Fulcrum Group, which provides personal loans to Pepkor customers.

Pepkor will acquire from Southern Holdings Fulcrum SA Pty Ltd two wholly-owned subsidiaries  - Southern View Finance SA Pty Ltd and debt recovery firm Van As & Associates Recoveries Pty Ltd. Pepkor, which owns a chain of retail outlets, provides call centre, loan administration and debt collecting services to the Fulcrum Group. Pepkor in this merger is acquiring the call-centre, loan administration and debt collecting services business of the Fulcrum Group.

Pepkor is ultimately owned by Steinhof African Holdings Pty Ltd.  Outlets owned Pepkor include: Ackermans; Dunns; Shoe City; Bradlows; Morkels; Joshua Door; Hi-Fi Corp; Incredible Connection and Timber City.

The Fulcrum Group provides, through Pepkor, quick personal loans through the Capfin Brand.

Unopposed interlocutory application to substitute and amend the citation of a party

This matter is an unopposed application to change the citation of ‘H Pistorius & Co,’ in a referral by the Competition Commission to the Tribunal dated 31 October 2013, to the members of the Hendrik Pistorius Trust in their capacity as trustees.

The Competition Commission, in its complaint referral, seeks to fine the Pistorius Trust whom, at the time of the alleged anti-competitive behavior, conducted business through an entity called ‘Hendrik Pistorius & Co’ for allegedly being part of a price-fixing cartel in the agricultural lime industry over the period 1995-2008.

The Commission has alleged that the Trust was involved in fixing the prices paid to agents who distributed calctic agricultural lime. The Commission is pursuing an administrative penalty of 10% of the company’s turnover over the period of the alleged anti-competitive conduct.

The hearing on Wednesday, 12 October, will be determine whether the Commission may substitute and amend its original citation of ‘H Pistorius & Co’ for the more accurate citation of  members of the Pistorius Trust in their capacities as trustees. 

 

Issued by:

Chantelle Benjamin

Communications: Competition Tribunal   

Tel (012)394 1383                                     

Cell: +27 (0) 73 007 5603  

Twitter: @comptrib                                       

E-Mail: chantelleb@comptrib.co.za

 

 

On Behalf Of:

Lerato Motaung                                                   

Registrar: Competition Tribunal                                        

Tel: (012) 394 3355                                             

Cell: +27 (0) 82 556 3221                                              

E-Mail: LeratoM@comptrib.co.za