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Date of release: 30 April 2020
Type of matter Parties involved Commission's recommendation to the Tribunal Tribunal decision
Large merger Harmony Gold Mining Company Ltd, Harmony Moab Khotsong Operations (Pty) Ltd and Golden Core Trade & Invest (Pty) Ltd AND The remaining gold mining South African operations of AngloGold Ashanti Ltd Approve without conditions Approved without conditions
Large merger Izimbiwa Associated Companies (Pty) and Bittersweet Trade & Invest 55 (Pty) Ltd Approve without conditions Approved without conditions
Variation order CC and Foskor Proprietary Limited Approve Approved
Large merger Africa Data Centres & Samrand Data Centre Approve without conditions Approved without conditions
Tribunal approves Harmony Gold’s acquisition of various firms and assets wholly owned by AngloGold  
The Tribunal has unconditionally approved the transaction whereby Harmony Gold Mining Company Ltd (Harmony Gold) will acquire sole control of two “packages” i.e. various firms and assets wholly owned by AngloGold Ashanti Ltd (AngloGold).
Harmony Gold conducts gold mining and exploration in mines in South Africa and primarily produces gold. Silver and uranium are by-products of its gold production. Of relevance to this transaction are Harmony Gold’s wholly owned subsidiaries, Harmony Moab and Golden Core.
AngloGold is not controlled by any firm. Of relevance to this transaction are AngloGold’s wholly owned firms and assets grouped into two “packages” (the targets in this transaction):
The “WW Package” comprises shares in and claims against three Gauteng mines, Water Company (Pty) Ltd, AGA Security Services (Pty) Ltd and Masakhisane Investment (Pty) Ltd. The “VR Package” comprises shares in and claims against First Uranium (Pty) Ltd, Chemwes (Pty) Ltd and assets not bought in Harmony Moab’s 2018 acquisition of AngloGold’s Vaal River mining business (i.e. buildings, Kopanang Gold Plant and equipment).
The Commission, which assesses large mergers before referring them to the Tribunal for a decision, concluded on the relevant market as being the international markets for the production and supply of gold and silver. A lessening of competition in either market was found to be unlikely.
In relation to public interest concerns, the merging parties undertook that there would be no merger-related retrenchments. The Commission recommended that the proposed transaction be approved without conditions.
Merger involving parties active in the production and supply of thermal coal approved by Tribunal without conditions 
The Tribunal has approved, without conditions, the second phase of a broader transaction involving Izimbiwa Associated Companies (Pty) Ltd (IAC) acquiring control over Bittersweet Trade and Invest 55 (Pty) Ltd (Bittersweet).
IAC controls several firms including Izimbiwa Coal (Pty) Ltd (Izimbiwa Coal). It is wholly controlled by Phembani Group (Pty) Ltd (Phembani) which is, in turn, controlled by the Capgro Trust. Capgro Trust’s investments in the coal mining industry, through Phembani, are of relevance to the proposed transaction.
Bittersweet Trade and Invest 55 (Pty) Ltd (Bittersweet) is controlled by Julovision (Pty) Ltd (Julovision) and Lifocept (Pty) Ltd (Lifocept). It controls several firms. The only operating entities of the Target Group are Umcebo Mining and Hlagisa. Umcebo Mining operates in the production and supply of thermal coal through Wonderfontein Colliery, an open-cast mine. 
In terms of the proposed transaction, Phembani is acquiring the entire shareholding of Bittersweet from Julovision and Lifocept via IAC. According to a Call Option Agreement, Phembani has an irrevocable right and option to purchase Julovision and Lefocept’s shares in, and claim against, Bittersweet.
In its assessment, the Commission found that the proposed transaction is unlikely to substantially prevent or lessen competition in any relevant market. In addition, it was found that the transaction presents no public interest concerns.
Tribunal approves variation to 2011 consent agreement seeking to change Foskor’s pricing policy for phosphoric acid 
The purpose of this variation is to amend the 2011 consent agreement between the Commission and Foskor (Pty) Ltd in relation to alleged excessive pricing of phosphoric acid.
The matter originally dates to 2007 when animal feed producer, Omnia, lodged a complaint with the Commission against Foskor for its pricing policy for phosphoric acid for local customers. The Commission’s investigation culminated in the 2011 consent agreement.
The variation to the agreement was filed in April 2017. While Omnia had originally opposed the variation, it has since changed its position and no longer opposes it.
The variation will amount to a change in Foskor’s pricing policy as contained in the 2011 agreement, to reflect that Foskor will now be allowed to charge its domestic customers a price that is reasonably related to the economic value of its goods as long as such pricing is in accordance with the Act.
Tribunal approves merger whereby Africa Data Centres will acquire
rental enterprise
This transaction entails the acquisition of the rental enterprise comprising the Samrand Data Centre (target enterprise) by Africa Data Centres (Pty) Ltd (ADC SA).
The target enterprise is a data centre located in Samrand, Midrand.
ADC SA provides data centre infrastructure services to customers in a carrier/neutral data centre. This includes the provision of rack space, stable power, environmental conditions (cooling) and physical security but excludes the operation of computers in the data centre or the provision of cloud or IT services.
The Tribunal has approved the proposed transaction without conditions.
Issued by:

Gillian de Gouveia, Communications Officer
On behalf of the Competition Tribunal of South Africa
Tel: +27 (0) 12 394 1383
Cell: +27 (0) 82 410 1195
Twitter: @comptrib
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