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Competition Policy News

Competition Tribunal allows Mpact to intervene in Corruseal, Neopak merger

By: Donna Slater     1st July 2022 The Competition Tribunal has granted paper and plastics packaging manufacturer Mpact leave to intervene in the intermediate merger proceedings between paper packaging company Corruseal and recycled containerboard company Neopak. In March, the Competition Commission prohibited the proposed... 

Firms agree to competition penalty for unintentionally contravening the Competition Act

By: Schalk Burger     24th June 2022 The Competition Tribunal has confirmed, as an order, a consent agreement wherein four firms admit that they unintentionally contravened the Competition Act, specifically that parties to a large merger may not implement that merger until it has been approved, with or without conditions, by the... 

Commission meets with domestic airlines to fill Comair void, avoid price gouging

By: Donna Slater     3rd June 2022 The Competition Commission has called on major airlines in South Africa to help bring capacity into the market following a decision by Comair to suspend all British Airways and kulula.com flights, with immediate effect on May 31. Comair’s decision to suspend the flights will significantly reduce... 

Commission says Computicket agrees to pay R11.3m fine

By: Schalk Burger     27th May 2022 The Competition Commission and ticketing services company Computicket have reached a settlement agreement in terms of which Computicket has agreed to pay a fine of R11.3-million to settle a second prosecution against it by the commission for alleged abuse of market dominance. The settlement... 

Ten automatic fire sprinkler installers conclude settlement agreement with competition authorities

By: Schalk Burger     25th May 2022 Ten installers of automatic fire sprinklers, which were implicated in a cartel case currently being heard before the Competition Tribunal, have concluded separate settlement agreements after being afforded an opportunity by the tribunal to settle the matter with the Competition Commission. The... 

Competition practice note published to improve conduct, entry barriers, inclusivity

By: Donna Slater     4th May 2022 The Competition Commission published a practice note on the Promotion of Competition and Inclusion in Supplier Panels of Banks and Insurers on February 28, building on the enforcement and advocacy work the commission has undertaken with insurers and banks over time. The commission reports in a... 

Tribunal fines face mask supplier R3.4m

By: Schalk Burger     29th April 2022 The Competition Tribunal has found that Tsutsumani Business Enterprises charged the South African Police Service (SAPS) excessive prices for the urgent supply of 500 000 face masks during the Covid-19 pandemic, in April 2020, and has ordered the supplier to pay a R3.4-million administrative... 

Commission recommends approval of Consol buyout by Ardagh Group

By: Schalk Burger     19th April 2022 The Competition Commission has recommended that the Competition Tribunal approve the proposed transaction whereby Luxembourg-based packaging manufacturer Ardagh Group intends to acquire glass manufacturer Consol, with conditions. Ardagh, through its subsidiaries, is also involved in the supply of... 

GreenCape selects ten finalists for its GreenPitch challenge

By: Schalk Burger     19th April 2022 Climate change adaptation and green economy nonprofit GreenCape has selected ten finalists for the 2022 GreenPitch Challenge. The ten green economy innovators will prepare to pitch their innovations to a panel of judges on May 5, at an event hosted by GreenCape in partnership with the City of... 

Competition Commission launches fresh produce market inquiry

By: Schalk Burger     28th March 2022 The Competition Commission has launched a public market inquiry into the fresh produce market to examine whether there are any features in its value chain which lessen, prevent or distort competitiveness. The terms of reference of the Fresh Produce Market Inquiry were published in the Government... 

Fresh produce in a grocery story

Commission prohibits Corruseal's proposed buyout of Neopak

By: Creamer Media Reporter      23rd March 2022 The Competition Commission has prohibited Corruseal Group's proposed acquisition of Neopak, saying the merger is likely to result in a substantial prevention and lessening of competition. Neopak and Corruseal are both active in the recycled paper value chain. 

Competition Tribunal approves DP World's acquisition of Imperial Logistics 

By: Irma Venter     25th February 2022 The Competition Tribunal has conditionally approved the acquisition of Imperial Logistics by DP World. DP World is ultimately controlled by the Dubai government. The conglomerate has been steadily expanding into Africa over the last few years. 

Image of DP World logo

Poultry industry improvements should alleviate challenges

By: Darren Parker     23rd February 2022 The South African Poultry Association (Sapa) has made some “decisive improvements” to the poultry sector after a difficult year, it said on February 22. The effects of these improvements were aimed at alleviating problems experienced throughout the entire poultry value chain by the industry over... 

A photo of lots of chickens

Two car parts firms agree to R2.4m competition settlement

By: Schalk Burger     1st February 2022 Two foreign firms involved in the car parts industry have agreed to pay a settlement amount totalling R2.4-million, after being accused of allegedly colluding to fix prices, divide markets and tender collusively in relation to requests for quotations to supply starter motors and windshield... 

Tribunal dismisses panel beater's bid to remove its admission of cartel conduct

By: Schalk Burger     6th January 2022 The Competition Tribunal has dismissed an application by Life Wise, trading as Eldan Auto Body, to excise its admission of cartel conduct, as contained in a consent agreement that was confirmed as an order of the tribunal in August 2020. Eldan had sought the removal of its admission on the... 

Medical schemes organisation welcomes lower Covid-19 PCR test costs 

By: Schalk Burger     14th December 2021 Medical schemes industry organisation the Health Funders Association (HFA) on December 14 welcomed the announcement by Competition Commissioner Tembinkosi Bonakele that the price of the polymerase chain reaction (PCR) Covid-19 tests has been reduced from R850, including value-added tax and any... 

Competition Commission reaches settlements with two companies over air force tender

By: Rebecca Campbell     14th December 2021 The Competition Tribunal has announced that two separate settlement agreements have been concluded with two companies, regarding alleged collusion regarding a South African Air Force (SAAF) tender. The tender concerned the maintenance of ground command and control systems and intelligence system... 

Pathcare jumps on board to reduce Covid-19 PCR test price

By: News24Wire      14th December 2021 The Competition Commission has confirmed it has concluded a settlement agreement with the third largest laboratory - Pathcare - to reduce its Covid-19 PCR tests prices with immediate effect. The Pathcare settlement agreement comes at the back of an official announcement by the Competition... 

Lancet, Ampath agree to reduce Covid-19 PCR test cost to R500

By: News24Wire      12th December 2021 South Africa's two biggest private laboratories agreed to reduce the price of the Covid-19 PCR test from R850 to R500, with smaller laboratories expected to follow suit, the Competition Commission said on Sunday. The commission launched a probe into Covid-19 test pricing in October. The... 

A Covid test sample

Telecoms equipment supplier agrees to settlement with competition authorities

By: Simone Liedtke     16th November 2021 Telecommunications equipment and network solutions provider ZTE Corporation South Africa has agreed to pay a R5-million settlement for allegedly colluding to divide markets.   In terms of a settlement agreement concluded between ZTE Corporation and the Competition Commission, ZTE SA also agreed... 

Tribunal extends PepsiCo’s employee share scheme for second time

By: Simone Liedtke     10th November 2021 The Competition Tribunal has extended, for the second time, the compliance period for the implementation of a landmark broad-based black economic empowerment (BBBEE) employee share ownership plan (Esop), to November 26. The Esop was imposed as a condition in the March 2020 merger whereby PepsiCo... 

Tribunal approves Super Group's acquisition of RWS

By: Schalk Burger     22nd October 2021 The Competition Tribunal of South Africa on October 22 said it has unconditionally approved transport logistics company Super Group's acquisition of wholesale courier services company Regional Wholesale Service (RWS). "The tribunal has concluded that the merger is unlikely to lead to a... 

Competition Commission calls for competition law and enforcement research proposals

By: Schalk Burger     21st October 2021 The Competition Commission has launched a multidisciplinary research grant programme aimed at promoting multidisciplinary research at South African tertiary institutions that can inform and enhance competition law enforcement in the country. The commission invites high-quality and substantive... 

Healthcare products distributor agrees to fine, but denies having contravened the Competition Act

By: Schalk Burger     18th October 2021 A Western Cape-based distributor of healthcare products has agreed to pay a penalty of R20 000 for allegedly colluding on a provincial Health Department tender that related to the supply of diagnostic sets to hospitals and health institutions under the Western Cape Department’s control, including... 

ConCourt upholds Competition Commission’s appeal in hospital merger

By: Donna Slater     18th October 2021 The Competition Commission has welcomed a landmark judgment by the Constitutional Court (ConCourt), on October 15, upholding the commission’s appeal against a decision by the Competition Appeal Court (CAC) and setting aside the CAC’s decision in a matter concerning a merger between Mediclinic... 

Initiative aims to double industry supply in five years 

By: Halima Frost     15th October 2021 The ‘Doubling of Liquefied Petroleum Gas (LPG) Market’ initiative, driven by the Department of Mineral Resources and Energy (DMRE) and the Liquefied Petroleum Gas Association of South Africa (LPGSA), initiated in December 2019, is slowly gaining momentum after the inevitable impact of Covid-19 on... 

A stainless steel stove top with gas burners burning blue flame from an LPG gas supply, used for cooking
LPGSA MD Gadibolae Dihlabi discusses the plan to double the LPG sector over the next five years

Production site acquisition finalised

1st October 2021 Multinational industrial gas company Air Liquide’s acquisition of integrated chemicals and energy company Sasol’s 16 Air Separation Units (ASUs) in Secunda, Mpumalanga has now been finalised. The plan to acquire the ASUs was first announced on July 29 last year, subject to approvals. Engineering... 

A photo of seven air separation units and a pylon in the background
BIGGEST OXYGEN PRODUCTION SITE GLOBALLY The initial investment amounts to about R8-billion and comprises 16 air separation units that will now be operated by Air Liquide Large Industries South Africa Air

Competition Tribunal approves Growthpoint, Feenstra Group merger

By: Simone Liedtke     17th September 2021 The Competition Tribunal has unconditionally approved the large merger whereby Growthpoint Properties will acquire Joburg Stay from Feenstra Group.   This transaction involves an internal reorganisation of the Feenstra Group. As such, the target firms are Joburg Stay, seven Gauteng student... 

Tribunal finds Coca-Cola Beverages Africa ‘did not breach’ merger conditions

By: Simone Liedtke     8th September 2021 The Competition Tribunal has set aside a finding by the Competition Commission in October 2019 against Coca-Cola Beverages Africa (CCBA), effectively clearing the company of claims that it had breached merger conditions relating to retrenchments. The matter relates to two mergers involving CCBA... 

Pic/Image of Coca-Cola Buddy Bottle

Earthmoving machinery, equipment companies could face charges for allegedly fixing rental rates

By: Simone Liedtke     26th August 2021 The Competition Commission has filed charges with the Competition Tribunal against the Contractors Plant Hire Association (CPHA) and its 22 members, for allegedly fixing rental rates for earthmoving machinery and plant equipment. The commission found that the association and its members... 

Commission tells Tribunal it agrees with proposed amended Burger King merger conditions

By: Schalk Burger     18th August 2021 Competition Commission chief legal counsel Bukhosibakhe Majenge, during a hearing held by the Competition Tribunal and led by tribunal chairperson Mondo Mazwai, on August 18, said the commission endorses the proposed acquisition of Burger King South Africa by private equity fund ECP Africa Fund... 

Commission calls for comments on competitor collaboration for economic recovery

By: Schalk Burger     17th August 2021 The Competition Commission has issued draft guidelines on collaboration between competitors on localisation initiatives for public comment. "In response to the economic consequences of the Covid-19 pandemic, government developed the Economic Reconstruction and Recovery Plan (ERRP), which maps out... 

Business community mourns the tragic passing of Rob Legh

By: Creamer Media Reporter      2nd July 2021 Business Unity South Africa (Busa) says it notes with shock and sadness the passing of Rob Legh on Thursday, July 1. "We express our sincere and heartfelt condolences to Rob’s family, his wife Kathryn and children India and Tommy, as well as his colleagues. 

Mpact warns shareholders of proposed plans by Caxton

By: Tasneem Bulbulia     30th June 2021 JSE-listed Mpact says it has not agreed to a joint merger notification with Caxton on the grounds that Caxton has, among other things, not disclosed a proposed offer price or terms. It states that its board is, therefore, unable to determine whether any such offer would be in the best interests... 

Sub-Saharan Africa rebound significantly lower than globally

By: Halima Frost     4th June 2021 A smaller contraction in 2020 and a sharper growth rebound in 2021 have led to predictions of a global rebound of about 5.6%; however, sub-Saharan Africa will lag behind, with the slowest recovery rate of about 3%, said data research and analytics company Fitch Solutions Country Risk & Industry... 

PLUGGED IN
The sub-Saharan Africa recovery is on on trend with the rest of the world
PLUGGED IN The sub-Saharan Africa recovery is on on trend with the rest of the world

Commission recommends approval of Air Liquide’s proposed acquisition of Sasol ASUs

By: Simone Liedtke     31st May 2021 The Competition Commission has recommended that the Competition Tribunal approve, with conditions, industrial gases company Air Liquide’s proposed acquisition of the business owning and operating 16 of petrochemicals group Sasol’s air separation units (ASUs). The target assets are 16 ASUs based... 

Air separation units at Sasol Secunda
Air separation units at Sasol Secunda

Group outlines positive ‘cascading effect’ of local manufacturing evolution

By: Terence Creamer     28th May 2021 Electrical products supplier Zest WEG aims to continue expanding its South African manufacturing footprint in an effort to improve its market competitiveness and respond to government’s growing demand for higher levels of local content in public procurement. 

JULIANO VARGAS Manufacturing has already grown to represent about one-quarter of yearly revenues
JULIANO VARGAS Manufacturing has already grown to represent about one-quarter of yearly revenues
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