Merger Alert: Outcome of mergers decided by the Tribunal - 14 December 2023
| Type of matter | Parties involved | Tribunal Decision |
| Large merger | RMB Investments and Advisory (Pty) Ltd And LM Propco (Pty) Ltd | Approved without conditions |
| Large merger | Greenstreet 1 (Pty) Ltd And Solareff (Pty) Ltd | Approved with conditions |
| Large merger | 3 Sisters (Pty) Ltd And Capespan Group (Pty) Ltd | Approved with conditions |
| Large merger | SKG Properties Fund II (Pty) Ltd And Elixir Trust | Approved with conditions |
RMB Investments and Advisory (Pty) Ltd And LM Propco (Pty) Ltd
The Tribunal has unconditionally approved the proposed merger whereby RMB Investments and Advisory (Pty) Ltd (“RMBIA”) intends to acquire the rental property known as Leroy Merlin Fourways (“target property”) from LM Propco (Pty) Ltd (“LM Propco”).
RMBIA is a South African investment company. Its core business is the acquisition and holding of assets for investment purposes.
The target property is a retail warehouse which houses the operations of a retail hardware store trading as Leroy Merlin Fourways.
Greenstreet 1 (Pty) Ltd And Solareff (Pty) Ltd
The Tribunal has conditionally approved the proposed merger whereby Greenstreet 1 (Pty) Ltd (“Greenstreet”) intends to acquire shares in Solareff (Pty) Ltd (“Solareff”) from DCT Holdings (RF) (Pty) Ltd (“DCT”) and a share of the existing shareholders claims in Solareff from Alviva Treasury Services (Pty) Ltd (“Alviva Treasury”).
The Tribunal has approved the proposed transaction subject to a condition involving the promotion of a greater spread of ownership.
Greenstreet is a renewable energy investment platform. Solareff is a supplier of renewable solar PV energy to the private, commercial, industrial, agricultural and mining sectors locally.
3 Sisters (Pty) Ltd And Capespan Group (Pty) Ltd
The Tribunal has approved the proposed merger in terms of which 3 Sisters (Pty) Ltd (“3 Sisters”) intends to acquire Capespan Group (Pty) Ltd (“Capespan”).
The Tribunal has approved the proposed transaction with conditions relating to the promotion of a greater spread of ownership
The acquiring group is an investment vehicle and has investments in several firms active in
vegetable and fruit farming, livestock farming and fruit export.
The target group is a vertically integrated fruit producer with global marketing capabilities servicing growers and customers in key international markets. It focuses on grapes and citrus.
SKG Properties Fund II (Pty) Ltd And Elixir Trust
The Tribunal has, subject to an enterprise and supplier development related condition, approved the proposed merger whereby SKG Properties Fund II (Pty) Ltd (“SKG Properties Fund II”) intends to acquire all of the beneficial rights and interests in the Elixir Trust (“Elixir Trust”) from its current beneficiaries.
The various entities forming part of the SKG Properties Fund II are primarily engaged in the development and leasing of commercial, industrial and retail investment properties, including
management of the properties. Relevant to the proposed transaction, SKG Group owns properties which provide office space to various tenants in Johannesburg, in Gauteng.
The Elixir Trust invests, owns and develops property in South Africa.
Issued by:
Gillian de Gouveia, Communications Manager
On behalf of the Competition Tribunal of South Africa
Cell: +27 (0) 82 410 1195
E-Mail: GillianD@comptrib.co.za
Twitter: @comptrib
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