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Citation
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Judgment date
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| December 2024 |
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Tribunal approved the merger and issued an unconditional merger clearance certificate, following the Commission’s recommendation.
Competition law – Merger approval under s14A(1)(b) and s16(2)(a) – Unconditional clearance – Merger Clearance Certificate (Rule 35(5)(a)) – Revocation grounds under s16(3).
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18 December 2024 |
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Tribunal approved the merger on the Commission’s recommendation, issued a clearance certificate and imposed no conditions.
Competition law – merger approval – referral under s14A(1)(b) of the Competition Act; approval under s16(2)(a); Merger Clearance Certificate – Competition Tribunal Rule 35(5)(a); approval without conditions; s16(3) revocation grounds (incorrect information, deceit, breach).
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17 December 2024 |
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Tribunal approved a merger subject to conditions and issued a clearance certificate following the Commission's recommendation.
Competition law – Merger approval – Recommendation under s14A(1)(b)(ii) of the Competition Act; approval subject to conditions under s16(2)(b); issuance of Merger Clearance Certificate under Tribunal Rule 35(5)(a).
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12 December 2024 |
| November 2024 |
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Tribunal confirmed consent agreement settling alleged failure to notify a notifiable merger arising from a mistaken shareholders’ clause.
Competition law – merger control – alleged prior implementation of a notifiable merger (s13A(3)) – inclusion of a Budget Approval Clause in shareholders’ agreement potentially conferring minority protection or veto. Contract law – common mistake and rectification of shareholders’ constitutional documents. Remedies – consent agreement under s49D read with s58(1)(b), undertakings and administrative penalty.
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26 November 2024 |
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Tribunal confirmed consent agreement resolving alleged market-allocation contravention with respondent's undertakings and R50,000 settlement.
Competition Act s4(1)(b)(ii) – alleged market allocation/customer division; consent agreements – confirmation under s49D read with s58(1)(b); remedies – undertakings, competition compliance programme, and monetary settlement payable to National Revenue Fund (s59(4)).
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14 November 2024 |
| October 2024 |
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Tribunal approved the merger on the Commission's recommendation, issued a clearance certificate and imposed no conditions.
Competition law – merger approval – Tribunal approves merger on Competition Commission recommendation under s14A(1)(b) and grants clearance under s16(2)(a). Procedure – Merger Clearance Certificate to be issued in terms of Rule 35(5)(a). Conditions – approval granted with no conditions imposed. Revocation – Tribunal may revoke approval under s16(3) if obtained by incorrect information, deceit, or breach of obligations. Appeal – right to appeal to Competition Appeal Court within 20 business days.
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29 October 2024 |
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Tribunal approved the proposed merger following the Commission's s14A recommendation and issued an unconditional clearance certificate.
Competition law – merger approval – s14A recommendation by Competition Commission – Tribunal approval under s16(2)(a) – unconditional clearance – Merger Clearance Certificate (Rule 35(5)(a)) – revocation grounds under s16(3).
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29 October 2024 |
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Tribunal prohibited a notified merger following the Commission’s section 14A(1)(b) recommendation and issued a prohibition certificate.
Merger control – Referral under section 14A(1)(b) – Tribunal prohibition under section 16(2)(c) – Issuance of certificate under rule 35(5)(a) – Appeal and sanctions for implementation (ss.59–60).
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29 October 2024 |
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Tribunal approved the notified merger subject to conditions and ordered issuance of a merger clearance certificate.
Competition law – Merger approval – Referral under s14A(1)(b)(ii) – Tribunal approval under s16(2) subject to conditions (s16(2)(b)). Merger Clearance Certificate – issuance under Competition Tribunal Rule 35(5)(a). Revocation of approval – permitted under s16(3) for incorrect information, deceit or breach of conditions.
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15 October 2024 |
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Tribunal approved the merger on the Commission’s recommendation and issued an unconditional Merger Clearance Certificate.
Competition law – Merger approval – Referral on Competition Commission recommendation under s14A(1)(b) – Approval under s16(2)(a) – Merger Clearance Certificate (Rule 35(5)(a)) – No conditions imposed – Revocation grounds (s16(3)).
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3 October 2024 |
| September 2024 |
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Tribunal approved the notified merger on the Commission's recommendation and issued a clearance certificate with no conditions.
Competition law – Merger approval – Tribunal approval under section 16(2)(a) following Commission recommendation under section 14A(1)(b). Merger Clearance Certificate – issuance in terms of Competition Tribunal Rule 35(5)(a). Conditions – approval granted with no conditions. Revocation – approval may be revoked under section 16(3) for incorrect information, deceit or breach of obligations. Appeal – right to appeal to the Competition Appeal Court within 20 business days.
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26 September 2024 |
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The Tribunal approved the notified merger following the Commission’s recommendation and issued an unconditional clearance certificate.
Competition law – Merger approval – Referral under section 14A(1)(b) – Approval under section 16(2)(a) – No conditions imposed – Merger Clearance Certificate issued under Rule 35(5)(a) – Revocation grounds under section 16(3) – Right of appeal to Competition Appeal Court.
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23 September 2024 |
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Tribunal approved the applicant's merger with the target and issued a merger clearance certificate without conditions.
Competition law – Merger approval – Tribunal approval under section 16(2)(a) following Commission recommendation under section 14A(1)(b). Merger Clearance Certificate – Issuance under Competition Rule 35(5)(a). Conditions – Approval granted without conditions. Revocation – Tribunal power under section 16(3) for incorrect information, deceit or breach. Appeal – Right to appeal to the Competition Appeal Court within 20 business days.
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4 September 2024 |
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Tribunal approved the merger unconditionally on the Commission’s recommendation and ordered issuance of a merger clearance certificate.
Competition law – Merger approval – Tribunal approval under s16(2)(a) following Commission recommendation under s14A(1)(b) – unconditional clearance – Merger Clearance Certificate under Rule 35(5)(a) – revocation grounds under s16(3).
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3 September 2024 |
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Tribunal approved the merger under section 16(2) and issued a Merger Clearance Certificate with no conditions.
Competition law – merger approval – referral under s14A(1)(b) – approval under s16(2)(a) – Merger Clearance Certificate (Rule 35(5)(a)) – no conditions – revocation grounds under s16(3) – appeal to Competition Appeal Court.
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2 September 2024 |
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Tribunal approved the notified merger unconditionally and issued a Merger Clearance Certificate, following the Commission’s s14A recommendation.
Competition law – Merger control – Approval under section 16(2)(a) following Competition Commission recommendation under section 14A(1)(b). Procedure – Issuance of Merger Clearance Certificate – Competition Rule 35(5)(a). Conditions – No conditions attached to approval; revocation possible under section 16(3) for incorrect information, deceit or breach.
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2 September 2024 |
| August 2024 |
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Tribunal approved the applicant’s acquisition of the respondent and issued an unconditional merger clearance certificate.
Competition law – Merger approval – referral under s14A(1)(b) of the Competition Act – approval under s16(2)(a). Issuance of Merger Clearance Certificate – Competition Tribunal Rule 35(5)(a). Unconditional approval – no remedies imposed. Tribunal revocation powers – grounds under s16(3). Right of appeal to the Competition Appeal Court.
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23 August 2024 |
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Tribunal approved the merger under section 16(2)(b), subject to conditions in Annexure A, and issued a clearance certificate.
Competition law – Merger approval – Application referred under s14A(1)(b)(ii) – Approval under s16(2)(b) subject to conditions (Annexure A) – Merger Clearance Certificate issued (Rule 35(5)(a)) – Revocation powers under s16(3) for incorrect information, deceit or breach.
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14 August 2024 |
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Tribunal unconditionally approved a notified merger and ordered issuance of a merger clearance certificate under section 16(2)(a).
Competition law – Merger approval – Tribunal approval under s16(2)(a) following Commission recommendation under s14A(1)(b). Merger clearance – Issuance of Merger Clearance Certificate under Tribunal Rule 35(5)(a). Unconditional approval – no conditions or remedies imposed. Revocation power – Tribunal may revoke approval under s16(3) for incorrect information, deceit, or breach.
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14 August 2024 |
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Tribunal approved the applicant's proposed merger with the target unconditionally and issued a merger clearance certificate.
Competition Act — merger approval — s14A recommendation and s16(2)(a) approval; Merger Clearance Certificate — Rule 35(5)(a); Unconditional approval — no conditions attached; Revocation grounds — s16(3): incorrect information, deceit, breach.
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8 August 2024 |
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Tribunal approved the merger pursuant to the Commission’s section 14A recommendation and issued unconditional clearance.
Competition law – Merger approval – Tribunal approval under section 16(2)(a) following Commission recommendation under section 14A(1)(b). Issuance of Merger Clearance Certificate – Competition Tribunal Rule 35(5)(a). Unconditional clearance – no conditions attached; revocation possible under section 16(3); appeal to Competition Appeal Court within 20 business days.
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6 August 2024 |
| July 2024 |
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Tribunal granted unconditional merger clearance following the Commission’s recommendation and issued a merger clearance certificate.
Merger approval – Competition Act s14A(1)(b) recommendation by Commission; Tribunal approval under s16(2)(a); unconditional clearance (no conditions); issuance of Merger Clearance Certificate per Rule 35(5)(a); Tribunal revocation power under s16(3).
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30 July 2024 |
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The Tribunal approved the applicant's acquisition of the target finance businesses, finding no competition or public-interest concerns.
Competition – Horizontal overlap in commercial property finance and asset‑backed (capital equipment) finance – combined CPF market share <10% – unlikely to substantially prevent or lessen competition; Public interest – employment transfer under s197 – no adverse effect; Spread of ownership – HDP shareholding acceptable; Banks Act jurisdiction – Minister did not assert s.18(2) jurisdiction.
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26 July 2024 |
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Tribunal confirms settlement for alleged minimum resale price maintenance, imposing penalty and compliance obligations despite no admission of liability.
Competition law – Minimum resale price maintenance (section 5(2)) – Settlement confirmed under section 49D/58 – Administrative penalty imposed – Behavioural undertakings and compliance programme required – No admission of liability.
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26 July 2024 |
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Tribunal approved the merger subject to conditions recommended by the Commission and ordered issuance of a clearance certificate.
Competition law – merger approval – referral under s14A – conditions imposed under s16(2)(b) – Merger Clearance Certificate (Rule 35(5)(a)) – revocation grounds under s16(3) – appeal to Competition Appeal Court.
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26 July 2024 |
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Tribunal confirms settlement resolving alleged exclusionary LPG throughput agreement, imposing behavioural commitments and five-year exclusivity ban.
Competition Act s8(1)(d)(i) and s8(1)(c) – alleged exclusionary conduct by dominant firm; throughput agreements and terminal access – reserved capacity, commingling restrictions, dwell-time liabilities, long-duration exclusivity; foreclosure of competitors and consumer harm; settlement under s49D and confirmation under s58 – behavioural remedies, compliance reporting and prohibition on long-term exclusive-use agreements.
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24 July 2024 |
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The Tribunal approved the merger subject to conditions and ordered issuance of a Merger Clearance Certificate.
Competition law – merger approval – consideration of Competition Commission recommendation under section 14A(1)(b)(ii) – approval under section 16(2)(b) subject to conditions (Annexure A). Administrative procedure – issuance of Merger Clearance Certificate in terms of Competition Tribunal Rule 35(5)(a). Tribunal powers – revocation of approval under section 16(3) where approval obtained by incorrect information, deceit, or breach of condition.
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24 July 2024 |
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Merger in yellow maize market approved: small market shares, no foreclosure risk, employment safeguarded, HDP commitments recorded.
Competition — Merger approval — Horizontal overlap in yellow maize production — Vertical overlap between milling (upstream) and catering/procurement (downstream) — Input and customer foreclosure unlikely due to many alternative suppliers/customers — Public interest: employment undertaking and HDP/B-BBEE commitments.
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18 July 2024 |
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The Tribunal approved the applicant’s merger with the respondent and issued an unconditional merger clearance certificate.
* Competition law – merger control – approval under s16(2)(a) of the Competition Act following Commission recommendation under s14A(1)(b); Merger Clearance Certificate – issuance in terms of Tribunal Rule 35(5)(a); Unconditional approval – no behavioural or structural conditions imposed; Revocation grounds – s16(3): incorrect information, deceit, or breach of obligations; appeal period to Competition Appeal Court. |
4 July 2024 |
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Tribunal approved the notified merger without conditions and ordered issuance of a merger clearance certificate.
Competition law – Merger control – Tribunal approval under section 16(2)(a) following Commission recommendation under section 14A(1)(b). Merger Clearance Certificate – Issuance under Rule 35(5)(a). Conditions – Approval granted without conditions. Revocation – Approval subject to revocation under section 16(3) for incorrect information, deceit, or breach of obligations.
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4 July 2024 |
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The Tribunal approved the applicant's acquisition of additional shares in the target, finding no competition or public interest concerns.
Merger control – acquisition of additional shareholding by a pension fund; no horizontal or vertical overlap; no information‑exchange risk; public interest – employment and ownership considerations; approval without conditions.
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2 July 2024 |
| June 2024 |
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Tribunal confirmed consent agreement resolving alleged market‑allocation contravention with undertakings and R250,000 penalty.
Competition law – market allocation – alleged agreement between supplier and dealers to divide customers – contravention of s4(1)(b)(ii). Consent agreement under s49D and confirmation by Tribunal under s58. Remedies: undertakings, compliance programme, and administrative penalty.
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27 June 2024 |
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Tribunal approved the merger subject to Annexure A conditions and ordered issuance of a clearance certificate.
Competition Act — merger referral under s14A(1)(b)(ii) — approval under s16(2) — conditions imposed under s16(2)(b) (Annexure A) — issuance of Merger Clearance Certificate (Rule 35(5)(a)) — revocation grounds under s16(3) — appeal to Competition Appeal Court.
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27 June 2024 |
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The Tribunal unconditionally approved the notified merger and ordered a merger clearance certificate following the Commission's recommendation.
Competition law – Merger approval following Competition Commission recommendation under s14A(1)(b) – Tribunal approval under s16(2)(a) – Merger Clearance Certificate (Rule 35(5)(a)) – Unconditional approval – Revocation powers under s16(3).
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25 June 2024 |
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The Tribunal approved the proposed merger between the applicant and the target without conditions and issued a clearance certificate.
Competition law – merger control – referral under section 14A – approval under section 16(2)(a) following Commission recommendation. Merger clearance – issuance of Merger Clearance Certificate under Tribunal Rule 35(5)(a). Conditions – approval granted without conditions. Revocation – Tribunal authority under section 16(3) for incorrect information, deceit or breach of obligations. Appeal – right to appeal to the Competition Appeal Court within statutory period.
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24 June 2024 |
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Tribunal conditionally approved a vertical acquisition of a VTS provider subject to non-foreclosure and information-sharing remedies.
Competition — Vertical merger between an automotive dealer group and a national vehicle testing station (VTS) provider; input and customer foreclosure risks; behavioural remedies (procurement commitments, non-influence undertaking, information barriers); public interest: employment, HDP ownership, SME impact.
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21 June 2024 |
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Tribunal confirmed settlement resolving allegations of resale‑price maintenance and commission fixing without admission, with penalty and compliance obligations.
Competition law – settlement under s27(1)(d) and s58(1)(a)(iii) – alleged resale price maintenance and cartel/information‑sharing concerning agents’ commissions – approval of administrative penalty and compliance programme – settlement without admission – full and final resolution of referrals.
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21 June 2024 |
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Tribunal approved the notified merger subject to conditions in Annexure A and ordered issuance of a Merger Clearance Certificate.
Competition law – Merger control – Approval of notified merger subject to conditions – Sections 14A(1)(b)(ii) and 16(2)(b) of the Competition Act. Merger clearance – Issuance of Merger Clearance Certificate – Competition Tribunal Rule 35(5)(a). Revocation grounds – Section 16(3): incorrect information, deceit, breach of obligations. Right of appeal – Competition Appeal Court within 20 business days.
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21 June 2024 |
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Tribunal dismissed interim relief, finding compliance with a court interdict is not a concerted practice under the Competition Act.
Competition law – interim relief (s49C) – interplay with civil court orders (s65(2)) Concerted practice – whether compliance with a court interdict constitutes concerted conduct (s4) Market division – allegation that a court-ordered restraint allocates customers/suppliers (s4(1)(b)(ii)) Unlawful competition (common law) – effect of a final civil court finding on Tribunal jurisdiction Tribunal powers – cannot authorise conduct held unlawful by a competent court
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18 June 2024 |
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Tribunal extended an interim interdiction preventing the respondent removing four of the applicant’s channels pending the referral hearing or six months.
Competition law – interim relief – extension of interim interdict preventing removal of channels from respondent’s DStv bouquets pending referral hearing. Interim order extended by agreement without admission by respondent. Extension limited to earlier of hearing conclusion or six months. No order as to costs.
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14 June 2024 |
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Acquisition of a 50% stake in a large light-industrial property unlikely to lessen competition; merger approved unconditionally.
Merger law – large light industrial property – market definition and geographic scope; horizontal overlap – availability of alternative large industrial properties; public interest – employment and HOP ownership; unconditional approval.
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12 June 2024 |
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Tribunal approves applicant’s acquisition of the target property, finding no substantial lessening of competition or public interest harm.
Competition law – merger control – rentable convenience shopping centres – horizontal overlap but no geographic overlap – unlikely substantial lessening of competition; Public interest – employment (no job losses) and spread of HDP ownership (transaction increases HDP share); Competition policy – note on creeping mergers in property sector.
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5 June 2024 |
| May 2024 |
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Tribunal conditionally approved a rescue acquisition, imposing a board-appointment restriction to prevent information exchange.
Merger control – potential coordinated effects arising from common shareholdings and board interlocks – information exchange risk. Behavioural remedy – restriction on appointing same individuals to boards/management committees to mitigate coordination. Public interest – employment – no adverse effect found.
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15 May 2024 |
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Tribunal unconditionally approves a share buy‑back, finding no competition or public interest concerns despite reduced employee shareholdings.
Competition law – merger approval – share buy-back from employee schemes and trust – no horizontal or vertical overlap; Public interest – employment unaffected; employee scheme reductions due to loan repayments; increase in historically advantaged person ownership; unconditional approval.
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2 May 2024 |
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Tribunal compels discovery of tariff and regulatory documents relevant to an excessive‑pricing complaint, rejecting confidentiality and loss defenses.
Competition law – discovery – relevance of documents to excessive pricing inquiry – application of High Court rule 35 principles by analogy – Tribunal’s inquisitorial powers – confidentiality and third‑party information not a blanket bar to discovery; Tribunal may go behind discovery affidavit where contradictory sworn statements and inadequate evidence of loss or destruction exist.
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2 May 2024 |
| April 2024 |
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Interim relief granted: sublicence clauses barring SABC broadcasts on applicant’s platform prima facie abuse of dominance and likely anti‑competitive.
Competition law – interim relief under s49C – prima facie dominance in acquisition/supply of sports broadcasting rights and basic satellite broadcasting – exclusionary conduct: requiring/inducing customer not to deal with competitor (s8(1)(d)(i) and s8(1)(c)) – vertical restraint (s5) – insufficient pro‑competitive justification – consumer harm and foreclosure – digital migration and public interest in access to national sporting events considered.
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15 April 2024 |
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Tribunal approved the merger on the Commission's recommendation and issued a clearance certificate with no conditions.
Merger approval — referral under s14A(1)(b)(ii) — approval under s16(2) (subject to s16(2)(b)) — Merger Clearance Certificate per rule 35(5)(a) — no conditions attached — revocation grounds under s16(3).
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10 April 2024 |
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The applicant’s acquisition of the respondent is unlikely to lessen competition and is approved subject to conditions addressing HDP dilution.
Merger control – horizontal overlap in retail and specialist channels for pet-related products and pet insurance – market definition and closeness of competition – localised (5 km) overlap analysis – public interest: HDP ownership dilution and remedial commitments – no employment adverse effects – no exclusivity lease concerns.
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2 April 2024 |
| March 2024 |
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Tribunal approved the notified merger subject to Commission-recommended conditions under section 14A(1)(b)(ii) and issued clearance.
Competition law – Merger control – Tribunal approves merger subject to conditions recommended by the Commission under s14A(1)(b)(ii); conditions imposed pursuant to s16(2)(b); issuance of Merger Clearance Certificate under Rule 35(5)(a).
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31 March 2024 |
| February 2024 |
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The Tribunal confirmed and recorded a consent agreement between the Competition Commission and the respondent.
Competition law – settlement by consent – Tribunal confirmation of a consent agreement between the Competition Commission and a respondent – confirmation recorded and annexed to the Tribunal record.
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13 February 2024 |
