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Firms agree to pay R1.4m penalty for prior implementation of a merger – Tribunal confirms consent agreement as an order

Posted 24 June 2022

The Tribunal has confirmed, as an order, a consent agreement wherein four firms admit that they unintentionally contravened the Competition Act (“the Act”) by implementing a transaction prior to the approval of the transaction by the Competition Commission (“the Commission”) and agree to jointly pay an administrative penalty of R1 485 000. Continue reading

Tribunal grants Northam leave to participate in merger proceedings involving Implats and RBPlat

Posted 23 June 2022

The Tribunal has issued an order granting Northam Platinum Holdings Limited leave to participate in the large merger proceedings before the Tribunal involving Impala Platinum Holdings Limited and Royal Bafokeng Platinum Limited. Continue reading

Correctional Services supplier, accused of collusive tendering, agrees to pay a penalty in terms of a settlement agreement confirmed by the Tribunal

Posted 23 June 2022

A Gauteng company and supplier to the Department of Correctional Services (“DCS”) has agreed to pay an administrative penalty totalling R30 000, following accusations of collusive tendering. The DCS tenders in question relate to the supply, delivery and offloading of coal peas which are used in correctional facilities for boiling water and cooking. Continue reading

Merger Alert: Woolworths (Pty) Ltd And Micawber 463 (Pty) Ltd

Posted 17 June 2022

The Tribunal has unconditionally approved the large merger between Woolworths (Pty) Ltd (“Woolworths”) and Micawber 463 (Pty) Ltd (“Micawber 463”). In terms of the proposed transaction, Woolworths will acquire the remaining extent of Erf 31564 Pinetown (“target property”) from Micawber 463. Continue reading

Tribunal releases public reasons in Swanvest, Indwe conditional merger approval involving investment towards development of HDP brokers

Posted 15 June 2022

The conditions imposed by the Tribunal involve investment towards the development of HDP Brokers. “HDP” means historically disadvantaged person, as defined in section 3(2) of the Competition Act. “HDP Broker” means an HDP intermediary who sells, solicits or negotiates short-term insurance on behalf of a client for compensation. Continue reading

Merger Alert: Growthpoint Healthcare Property Holdings Ltd and Bidvest Properties (Pty) Ltd And Growthpoint Securitisation Warehouse Trust

Posted 15 June 2022

The Tribunal has conditionally approved the large merger wherein Growthpoint Healthcare Property Holdings (RF) Ltd and Bidvest Properties (Pty) Ltd will acquire a property from Growthpoint Securitisation Warehouse Trust Continue reading

Tribunal congratulates incoming Competition Commissioner and first woman to head the institution, Ms Doris Tshepe

Posted 14 June 2022

The Competition Tribunal congratulates Ms Doris Tshepe on her appointment by President Cyril Ramaphosa as Competition Commissioner with effect from September 2022. Continue reading

Tribunal releases reasons: Main Street 1878 (Pty) Ltd And Grindrod Intermodal Business, Ocean African Container Lines and Maersk Inland Business

Posted 13 June 2022

The Tribunal has released reasons for its decision to approve the large merger whereby Safmarine (Pty) Ltd (“Safmarine”) and Grindrod Holdings South Africa (Pty) Ltd (“Grindrod Holdings South Africa”) will establish a joint venture, Main Street 1878 (Pty) Ltd (“Main Street 1878”). Continue reading

Settlement whereby Computicket agrees to pay R11.3m administrative penalty confirmed as an order by the Tribunal

Posted 03 June 2022

The Tribunal has confirmed, as an order, a settlement agreement between the Competition Commission, Computicket and Shoprite, bringing to an end the protracted litigation between the parties relating to alleged abuse of dominance... Continue reading

CC v Automatic Sprinkler Inspection Bureau (Pty) Ltd and 17 Others: Tribunal confirms nine settlements

Posted 25 May 2022

Nine installers of automatic fire sprinklers, implicated in a cartel case currently being heard before the Tribunal, have concluded separate settlement agreements after being afforded an opportunity by the Tribunal to settle the matter with the Commission which is prosecuting the case. Continue reading

Merger Alert: Outcome of mergers decided by the Tribunal - 25 May 2022

Posted 25 May 2022

Seriti New Largo (Pty) Ltd And New Largo Coal (Pty) Ltd; Hapag-Lloyd Aktiengesellschaft And DAL Deutsche Africa-Linien GmbH & Co. KG; and Main Street 1878 (Pty) Ltd And Grindrod Intermodal Business, Ocean African Container Lines and Maersk Inland Business Continue reading

Merger Alert: U Reit Collins (Pty) Ltd And Collins Property Projects (Pty) Ltd

Posted 20 May 2022

The Tribunal has unconditionally approved this transaction in terms of which U Reit Collins (Pty) Ltd ("U Reit”) acquired joint control over Collins Property Projects (Pty) Ltd ("Collins"). Continue reading

Tribunal releases public reasons for granting interim relief in Wilec V Allbro

Posted 13 May 2022

The Tribunal has released reasons for its decision to grant interim relief to Makarenge Electrical Industries (Pty) Ltd t/a Wilec (“Wilec”) against Allbro (Pty) Ltd (”Allbro”). Wilec sought interim relief against Allbro to prevent Allbro from engaging in anti-competitive conduct in the market for the provision of transformer bushings. Continue reading

Merger Alert: Outcome of mergers decided by the Tribunal - 13 May 2022

Posted 13 May 2022

The Tribunal has unconditionally approved the large merger wherein Project Oxygen Bidco (Pty) Ltd intends to acquire Long4Life Limited as well as the large merger wherein CFAO Motors South Africa (Pty) Ltd intends to acquire William Simpson Cars (Pty) Ltd. Continue reading

Tribunal concludes construction/engineering cartel case: Esorfranki found guilty of collusion, R15.7m penalty imposed, case against Diabor dismissed

Posted 06 May 2022

In a cartel case involving construction and engineering companies, the Tribunal has found that Esor Ltd, Esor Africa (Pty) Ltd and Esor Construction (Pty) Ltd (collectively referred to as “Esorfranki”) colluded with competitors to fix prices and allocate customers and that they engaged in bid rigging through cover pricing. Continue reading

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