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Date of release: 29 November 2018
OUTCOME OF CASES HEARD BY THE TRIBUNAL ON 28 NOVEMBER 2018
Type of matter Parties involved Competition Commissions Recommendation to Tribunal Tribunal Decision
Settlement agreement Competition Commission And Eye Way Trading (Pty) Ltd Confirm the settlement as an order of the Tribunal Settlement confirmed
Settlement agreement Competition Commission And Casalinga Investments CC Trading as Waste Rite Confirm the settlement as an order of the Tribunal Settlement confirmed
Large merger Sea Harvest Group Ltd And Ladismith Cheese Company (Pty) Ltd Approve without conditions Approved without conditions
Large merger Equites Property Fund Ltd And Investec Property Fund Ltd In Respect of The Rental enterprise Known As 17 Greenhills Approve without conditions Approved without conditions
Large merger Community Property Company (Pty) Ltd And The Rental Enterprise Consisting of The Crossing Shopping Centre and Kopanang Shopping Complex Approve without conditions Approved without conditions
Retail merger approved by the Competition Tribunal
 
On Wednesday the Competition Tribunal heard the merger between Community Property Company (Pty) Ltd, the Crossing Shopping Centre and Kopanang Shopping Complex. Once the transaction is complete Community Property Company will control both of the target shopping centres. The shopping centres are located adjacent to each other in Mahikeng, North West Province.
 
The Competition Commission, which assesses large mergers prior to referring them to the Competition Tribunal for its decision, evaluated the merger and concluded that it was unlikely to raise competition concerns. The Commission therefore recommended that the Tribunal approve the merger without conditions. The Tribunal approved the merger without conditions.
 
Sea Harvest and Ladismith Cheese receive competition approval for merger
 
In this transaction Sea Harvest intends to purchase Ladismith Cheese Company. When the transaction is complete, Sea Harvest – through its subsidiary, Cape Harvest Food Group (Pty) Ltd – will control Ladismith Cheese.
 
Sea Harvest operates in the fishing industry with its main business being the fishing and harvesting of Cape hake and Shark Bay prawns as well as the processing of frozen and chilled seafood. The Ladismith group of companies produces a variety of dairy and related products.
 
The Competition Commission, which assesses large mergers prior to referring them to the Competition Tribunal for its decision, evaluated the merger and concluded that it was unlikely to raise competition concerns. The Commission therefore recommended that the Tribunal approve the merger without conditions. The Tribunal approved the merger without conditions.
 
Property fund transaction approved by the Competition Tribunal
 
In this transaction Equites Property Fund Ltd intends to acquire 17 Greenhills, which is a light industrial property located in Germiston, from Investec Property Fund Ltd. The Equites group is a property investment group with a portfolio which consists of office and industrial properties in Gauteng and the Western Cape.
 
The Competition Commission, which assesses large mergers prior to referring them to the Competition Tribunal for its decision, evaluated the merger and concluded that it was unlikely to raise competition concerns. The Commission therefore recommended that the Tribunal approve the merger without conditions. The Tribunal approved the merger without conditions.
 
Collusive tendering settlements heard by Tribunal
 
On Wednesday the Competition Commission and Eye Way Trading asked the Competition Tribunal to confirm their settlement agreement as an order of the Tribunal. The agreement follows a Commission investigation which concluded that Eye Way Trading took part in collusive tendering when responding to a tender issued by National Treasury for the supply of fabric used to make uniforms for the Department of Correctional Services, the South African Airforce and South African Military Health Services.
 
In the settlement agreement Eye Way Trading confirms that the conduct has ceased and agreed to pay a penalty of R115 000.00. The Tribunal heard the matter on Wednesday and confirmed the settlement as an order of the Tribunal.
 
In the second collusive tendering settlement, Casalinga Investments CC t/a Wasterite admits to colluding with Crossmoor Transport on a tender issued by Pikitup SOC – a state owned waste disposal firm. The tender was for the supply, operation and maintenance of plant and equipment at designated landfill sites, garden sites and depots around Johannesburg.
 
In the settlement agreement Wasterite admits to the collusion and agrees, amongst other things, to pay a penalty of R225 690.00. The Tribunal heard the matter on Wednesday and confirmed the settlement as an order of the Tribunal.
Nandi Mokoena
Acting Communications Officer
Tel: (0) 12 394 1383
Cell: +27 (0) 82 399 1328
Twitter: @comptrib
E-Mail: NandisileM@live.co.za
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