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Date of release: 22 December 2020
OUTCOME OF MATTERS CONSIDERED BY THE TRIBUNAL 
Type of matter Parties involved Commission's recommendation to the Tribunal Tribunal decision
Large merger Bachique 813 (Pty) Ltd And Tupperware Holdings SA (Pty) Ltd Approve without conditions Approved without conditions
Large merger Orviscene (Pty) Ltd And Makrogate Limited Approve without conditions Approved without conditions
Tribunal approves merger whereby Bachique acquires
Tupperware Holdings SA
 
The Tribunal has unconditionally approved the merger whereby Bachique 813 (Pty) Ltd (“Bachique”) will acquire Tupperware Holdings SA (Pty) Ltd (“Tupperware Holdings SA”). Post-merger, Bachique will control Tupperware Holdings SA, and its subsidiaries. The Tribunal has found that the transaction does not raise any competition or public interest concerns.
 
Bachique is a newly incorporated company established for the purpose of this transaction. It has no business activities and does not control any firms. Bachique is jointly controlled by Trinitas Equity Partners (Pty) Ltd (Trinitas) and Forbes Investment Holdings (Pty) Ltd (FIH).
 
Trinitas is a privately owned South African investment group. The business activities of the firms which Trinitas and FIH control range from manufacturing and distribution of automotive products and commercial property investment.
 
Tupperware Holdings SA is a private company incorporated in South Africa. It controls Avroy Shlain Cosmetics (Pty) Ltd (ASC) as well as Avroy Shlain Cosmetics (Botswana) (Pty) Ltd. ASC develops, markets and supplies its own range of products that includes fragrances for men and women, colour cosmetics, skin, body and ethnic hair care products and fashion accessories.
 
Tupperware Southern Africa (Pty) Ltd (South Africa), the kitchen and household products business, does not form part of this transaction.
Tribunal approves merger in the market for the provision of
rentable industrial property
 
The Tribunal has approved, without conditions, the large merger whereby Orviscene (Pty) Ltd (“Orviscene”) will acquire a rental enterprise property from Makrogate Limited (“Makrogate”). The Tribunal has found that the transaction is unlikely to substantially prevent or lessen competition in any market. In addition, the merger does not raise any public interest concerns.
 
Orviscene, a South African firm, is controlled by Emerging African Property Partners Proprietary Limited ("EAPP"). EAPP is, in turn, controlled by the Government Employee Pension Fund ("GEPF") and Emerging African Property Holdings Proprietary Limited ("EAPH”).
 
The primary target firm is Makrogate in respect of the rental enterprise conducted on a property in Brackenfell, in the City of Cape Town. Makrogate is a property holding company that does not control any firm.
 
Issued by:

Gillian de Gouveia, Communications Officer
On behalf of the Competition Tribunal of South Africa
Cell: +27 (0) 82 410 1195
E-Mail: GillianD@comptrib.co.za
Twitter: @comptrib
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Our mailing address is:
ctsa@comptrib.co.za

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