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Date of release: 29 March 2019
OUTCOME OF CASES HEARD BY THE TRIBUNAL ON WEDNESDAY
Type of matter Parties involved Competition Commissions Recommendation to Tribunal Tribunal Decision
Review application Eston Brick and Tile (Pty) Ltd And The Commissioner of Competition Commission; Competition Commission; Corobrik (Pty) Ltd *Eston seeks an order for the Commission’s decision, to institute proceedings against it, to be reviewed and set aside Decision pending
Large merger Dis-Chem Pharmacies Limited And Mundel Gien (Pty) Ltd Trading as Springbok Pharmacy Approve without conditions Approved without conditions

Tribunal reserves decision in brick company review application
 
The Tribunal has reserved its decision in the matter involving Eston Brick and Tile (Pty) Ltd (Eston) and the Competition Commission.
 
The brick manufacturer – accused of contravening Competition law along with another well-known South African brick company -- approached the Tribunal on Wednesday to have the Commission’s decision, to institute proceedings against it, reviewed and set aside.
 
Eston argues, among others, that the Commission had already investigated the matter in 1999, 2007 and 2008 and that it had issued a notice of non-referral (decided not to prosecute the matter). The Tribunal’s decision in the review application will be issued in due course.
 
The main case involving Eston Brick and Tile (Pty) Ltd (Eston) was referred to the Tribunal in July 2017. In it, the Commission alleges that Eston engaged in a prohibited practice (dividing markets) in contravention of the Competition Act.
 
The case is related to a series of other matters in which the Commission alleges that Corobrik (Pty) Ltd and various companies divided the market by entering into agreements / memoranda of understanding in terms of which the companies would only sell their bricks to Corobrik.
Tribunal approves Dis-Chem and Springbok Pharmacy merger
 
The Tribunal has approved, without conditions, the merger in which Dis-Chem Pharmacies Ltd (Dis-Chem) seeks to acquire Mundel Gien (Pty) Ltd trading as Springbok Pharmacy.
 
Dis-Chem operates as both a retailer and wholesaler of a range of scheduled and unscheduled pharmaceutical products as well as non-pharmaceutical products including baby-care products, toiletries, cosmetics and household cleaning items (front shop products).
 
Springbok Pharmacy is a retailer of scheduled and unscheduled pharmaceutical products, as well as front shop products. Springbok Pharmacy also sells these products online to its customers throughout the country. Its offerings are primarily within Gauteng.
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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