Outcome of cases heard by the Tribunal - 25 March 2020
| Type of matter | Parties involved | Commission’s recommendation to the Tribunal | Tribunal Decision |
| Consent agreement | Competition Commission And Vodacom (Pty) Ltd | Approve as an order of the Tribunal | Approved as an order |
| Large merger | Dipula Income Fund Ltd and Unlocked Properties 18 In Relation To Sectional Title Units In Cosmo City (Pty) Ltd | Approve without conditions | Approved without conditions |
Tribunal approves Vodacom, Competition Commission settlement
The Tribunal has confirmed, as an order, the consent agreement between the Competition Commission and Vodacom (Pty) Ltd.
The agreement is the culmination of a market inquiry, initiated by the Commission in 2017, to investigate concerns over high data prices and affordability.
In terms of the settlement, Vodacom makes no admission of liability for any conduct prohibited under the Competition Act. Vodacom has agreed to the following, among others:
- Retail pricing reduction: Vodacom will reduce headline bundle prices within the 30-day data bundle portfolio across all channels;
- Lifeline data and zero rating of data: Vodacom will make available all of its current zero-rated services on one platform (i.e. the ConnectU platform), with increased focus on consumers in poorer communities. ConnectU will address several key areas:
- Education – Vodacom will extend the offering to all public universities, TVET colleges and public schools;
- Internet search – customers will be able to search for any topic online through a full zero-rated internet search function powered by Wikipedia;
- Jobs – customers will be allowed to view and apply for jobs as advertised on seven zero-rated South African job portals;
- Social and essential internet access – Vodacom will allow access to Facebook Flex;
- Health and wellness – Vodacom will expand its health and information portal to provide holistic health information; and
- Safety and security – Vodacom will assist with protective measures to shield children from exposure to inappropriate and illegal content.
- Pro-poor personalised discounting and free communication: Among others, Vodacom will extend current zero-rating to essential state and emergency sites. It will extend personalised discounts to prepaid customers in suburbs and villages where the majority of the population have income levels below the upper bound food poverty line.
A full copy of the Order and settlement will be published on the Tribunal’s website www.comptrib.co.za in due course.
Tribunal approves merger in market for provision of rentable residential property
in Cosmo City area
The Tribunal has unconditionally approved the transaction whereby Dipula Income Fund Ltd intends to subscribe for shares in Unlocked Properties 18 (Pty) Ltd.
Both the merging parties are active in the provision of rentable residential property.
Dipula, a Real Estate Investment Trust listed on the JSE, is a diversified property investor with interests in residential, retail, office, and industrial property across SA.
Unlocked Properties is controlled by Yieldex 16 (Pty) Ltd. Its only asset is a property that will be developed into residential units located in Cosmo City, in Johannesburg.
The Commission recommended that the merger be approved without conditions as the transaction does not raise any competition or public interest concerns.
Issued by:
Gillian de Gouveia
Communications Officer
Tel: +27 (0) 12 394 1383
Cell: +27 (0) 82 410 1195
E-Mail: GillianD@comptrib.co.za
Twitter: @comptrib
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