Merger Alert: outcome of mergers decided by the Tribunal - 22 July 2022
| Type of matter | Parties involved | Tribunal Decision |
| Large merger | CTP Limited And The business which manufacturers the laminates for bag-in-box systems currently operated by Amcor Flexibles South Africa (Pty) Ltd | Approved without conditions |
| Large merger | Corvest 13 (Pty) Ltd And Wrapsa Investment Holdings (Pty) Ltd | Approved without conditions |
| Large merger | K2022341645 (South Africa) Proprietary Limited (“BidCo”) And Five Properties in the Live Easy Portfolio | Approved without conditions |
| Large merger | Sanlam Investment Holdings (Pty) Ltd (and its Subsidiaries) And The Asset Management Business of ABSA Group Ltd | Approved with conditions |
CTP Limited And The business which manufacturers the laminates for bag-in-box systems currently operated by Amcor Flexibles South Africa (Pty) Ltd
The Tribunal has unconditionally approved the large merger whereby CTP Limited (“CTP”) intends to acquire the packaging operations of Amcor Flexibles South Africa (Pty) Ltd (“Amcor SA”) in Cape Town and Port Elizabeth (“target business”). Post-merger, CTP will solely control the target business.
The acquiring group, through CTP, is active in general publishing and printing activities, print media, broadcasting and packaging activities.
The target business is active in the production of packaging products including production of bag-in-box packages (primarily used in the wine and fast-moving consumer goods industries) and production of tyre-liners (for local and global tyre manufacturing brands).
Corvest 13 (Pty) Ltd And Wrapsa Investment Holdings (Pty) Ltd
The Tribunal has unconditionally approved the large merger whereby Corvest 13 (Pty) Ltd (“Corvest 13”) intends to acquire shares in Wrapsa Investment Holdings (Pty) Ltd (“Wrapsa”). Post-merger, Corvest 13 will exercise control over Wrapsa as envisaged by section 12(2)(a) of the Competition Act No. 89 of 1998, as amended.
The acquiring group offers on-balance sheet equity and debt funding packages for medium to large leveraged buyouts and buy-ins, management buyouts and buy-ins, BEE transactions and growth capital solutions. Relevant to the proposed transaction are the acquiring group’s investments in companies that are active in the pharmaceutical sector.
The target group operates as a contract manufacturing organisation ("CMO"). A CMO enters into a formal agreement with a customer to manufacture a product within the value chain of the customer. A CMO is typically focused on mass production of a highly commoditised product. The target group (through Wrapsa) does not own its own brands, but toll manufactures the brands of third parties. Products are returned to the brand owner for sale and distribution. The target group’s business is split into three main segments, namely: manufacturing, packaging of pharmaceutical products and food supplements as well as the provision of laboratory services.
K2022341645 (South Africa) Proprietary Limited (“BidCo”)
And Five Properties in the Live Easy Portfolio
The Tribunal has unconditionally approved the large merger whereby K2022341645 (South Africa) (Pty) Ltd (“BidCo”) intends to acquire Five Properties in the Live Easy Portfolio (“Live Easy Portfolio”). Post-merger, Bidco will have control over the Live Easy Portfolio.
BidCo is a newly established entity for the purposes of this proposed transaction. The acquiring group holds and manages assets in financial, property and industrial services.
The Live Easy Portfolio comprises rental residential properties in various geographic nodes in Johannesburg and Pretoria.
Sanlam Investment Holdings (Pty) Ltd (and its Subsidiaries) And
The Asset Management Business of ABSA Group Ltd
The Tribunal has conditionally approved the large merger whereby Sanlam Investment Holdings (Pty) Ltd (“SIH”) (and its subsidiaries) intends to acquire The Asset Management Business of Absa Group Limited. Following the implementation of the proposed transaction, The Asset Management Business of Absa Group will be controlled by SIH.
SIH provides asset management services throughout South Africa. The Asset Management Business of Absa Group Limited comprises traditional products and asset classes such as money market, equity, bonds, absolute return and balance fund type of products.
Issued by:
Gillian de Gouveia, Communications Officer
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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