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Date of release: 19 July 2019
OUTCOME OF CASES HEARD BY THE TRIBUNAL
Type of matter Parties involved Commission's recommendation to the Tribunal Tribunal decision
Large merger The Spar Group Ltd And Western Gruppe Trading (Pty) Ltd, In Respect of Stores, Distribution Centre, Rental Enterprises and Properties Approve without conditions Approved without conditions
Large merger Bachique 746 (Pty) Ltd (BIBCO) And Afrikelp (Pty) Ltd,Afrikelp Holdings (Pty) Ltd, Afrikelp Investments (Pty) Ltd, Akusa Inc (USA), Taurus Chemicals Namibia (Pty) Ltd, Taurus Chemicals Cape Kelp (Pty) Ltd, Rotaq Luderitz (Pty) Ltd, Efekto Care (Pty) Ltd, Efekto Zambia Ltd, Agro-Serve (Pty) Ltd (South Africa), Agro-Serve (Pty) Ltd (Namibia and Marltons Pets and products (Pty) Ltd Approve without conditions Approved without conditions
SPAR Group acquires Western Gruppe Trading assets through merger  
 
The Tribunal has approved the proposed merger, without conditions, in which the Spar Group Ltd seeks to acquire 19 assets including SPAR branded supermarkets, properties and a distribution centre from Western Gruppe Trading (Pty) Ltd and its subsidiaries.
 
The assets are used to operate SPAR branded grocery and liquor outlets/franchises in the Eastern Cape.
 
The Commission, which assesses large mergers before referring them to the Tribunal, found no employment or public interest concerns as the merging parties stated that the proposed transaction would not result in any job losses or retrenchments.

Consortium acquires 11 businesses
 
The Tribunal has approved the proposed transaction whereby Bachique (746 (Pty) Ltd (Bidco) seeks to acquire eleven firms which fall under the Afrikelp, Efekto and Marltons businesses.
 
Bidco was established for purposes of this transaction. It is controlled by a consortium consisting of RMB Ventures Seven (Pty) Ltd (RMBV), BoE Private Equity Investments (Pty) Ltd (BoE) and the management of the target businesses.
 
The Afrikelp, Efekto and Marltons businesses form part of the broader Ascendis Biosciences Division, which is controlled by Ascendis Health Ltd.
 
Afrikelp is involved in processing seaweed extracts (known as kelp) for the production and supply of plant nutrition products used in the agriculture and horticulture sectors. Efekto supplies home and garden pest control products, as well as garden fertiliser and plant food products, sold under the Wonder Brand. Marltons supplies a range of pet products and accessories except for pet food for dogs and cats. Most of its products are imported.
 
The merger has been approved without conditions as there are no competition or public interest concerns.
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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