Merger Alert: Outcome of mergers decided by the Tribunal - 17 December 2024
The following Merger Alert is for information purposes only and is not binding on the Competition Tribunal or any member of the Tribunal
| Type of matter | Parties involved | Tribunal Decision |
| Large merger | Khwelamet (Pty) Ltd and the Metalloys Operations, being the operations conducted by Samancor Manganese (Pty) Ltd concerning the smelting, refining and processing of high and/or medium-carbon ferromanganese | Approved with conditions |
| Large merger | DSV Holding Germany GmbH And Schecker Aktiengesellschaft | Approved with conditions |
Khwelamet (Pty) Ltd and the Metalloys Operations, being the operations conducted by Samancor Manganese (Pty) Ltd concerning the smelting, refining and processing of high and/or medium-carbon ferromanganese
The Competition Tribunal (“Tribunal”) has conditionally approved the proposed merger wherein Khwelamet (Pty) Ltd (“Khwelamet”) intends to acquire the sale assets and sale liabilities of the Metalloys Operations (“Metalloys”), being the operations conducted by Samancor Manganese (Pty) Ltd (“Samancor Manganese”) concerning the smelting, refining and processing of high- and/or medium-carbon ferromanganese. Post-merger, Khwelamet will exercise sole control over Metalloys.
The Tribunal has approved the proposed merger subject to conditions relating to employment as well as remediation and rehabilitation of the target firm.
The acquiring group is active in sectors including mining and energy, infrastructure, property, financial services, telecoms, resources and agriculture and professional services provision. The acquiring group’s production of manganese ore is relevant to the proposed merger.
Metalloys is currently in care and maintenance and has not been operating since March 2020. Prior
to ceasing operations, it was involved in producing manganese alloy. Metalloys’ current focus has been to: (i) continue with remediation activities which include the selling of slag materials for use in road base and concrete making; (ii) uphold all environmental licenses and regulatory requirements; and (iii) maintain critical idle equipment to ensure their ability to safely restart as and when required.
DSV Holding Germany GmbH And Schecker Aktiengesellschaft
The Tribunal has conditionally approved the proposed merger, subject to employment related conditions, wherein DSV Holding Germany GmbH (“BidCo”) intends to acquire Schenker Aktiengesellschaft (“Schenker”). Post-merger, BidCo will own and have sole control of Schenker.
BidCo is a company incorporated under the laws of Germany. The DSV Group is a global freight forwarding and logistics company active in road/land, air and sea freight forwarding services as well as contract logistics services. In South Africa, DSV delivers these services through DSV SA and its subsidiaries.
Schenker, a company incorporated under the laws of Germany, is ultimately owned and controlled by the German State. It is a global freight forwarding and logistics company active in road/land, air and sea freight forwarding services as well as contract logistics services. In South Africa, Schenker delivers these services through Schenker SA.
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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