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Webber Wentzel | South Africa | 9 May 2013

Glass cartel referred to Competition Tribunal

The Competition Commission has referred a complaint relating to an alleged glass cartel to the Competition Tribunal. The commission alleges that the firms referred to in the complaint were involved in price fixing, market allocation and the fixing of trading conditions for float, laminated and toughened glass in the Gauteng, Free State and Western Cape regions.
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Webber Wentzel | South Africa | 21 Feb 2013

Foodcorp settles milling complaints

The Competition Tribunal has confirmed a settlement agreement entered into by the Competition Commission and Foodcorp in respect of the milling cartel. The settlement relates to two complaints initiated by the commission in May 2007 in respect of alleged collusive activities in the maize and wheat milling industries.
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Webber Wentzel | South Africa | 14 Feb 2013

Tribunal unconditionally approves merger in mining industry

The Competition Tribunal recently gave reasons for its unconditional approval of the acquisition of the remaining 50% of the issued shares of NST Ferrochrome by Samancor Chrome. In analysing the merger, the commission concluded that the horizontal overlap between the parties was unlikely to result in a significant prevention or lessening of competition.
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Webber Wentzel | South Africa | 7 Feb 2013

Tribunal conditionally approves Glencore International and Xstrata merger

The Competition Tribunal has conditionally approved the merger between global commodities trader Glencore International and mining company Xstrata. In approving the transaction, the tribunal imposed employment-related conditions aimed at addressing concerns about possible job losses raised by the Competition Commission.
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Webber Wentzel | South Africa | 3 Jan 2013

Supreme Court of Appeal jurisdiction to hear appeals restricted

Following Parliament's adoption of the Constitution Seventeenth Amendment Bill, the Supreme Court of Appeal's jurisdiction to hear appeals from the Competition Appeal Court has been restricted. The Competition Appeal Court will now be the final court of appeal in respect of certain matters.
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Webber Wentzel | South Africa | 15 Nov 2012

Two divisional managers appointed to Competition Commission

The Competition Commission has appointed Clinton Oellermann and Ibrahim Bah as heads of its enforcement and exemptions and M&A divisions, respectively. The commission has expressed its expectation that Oellermann and Bah will use their experience to "tackle the increasing complexity of competition investigation and analysis".
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Webber Wentzel | South Africa | 4 Oct 2012

Tribunal imposes advocacy condition for DCD-Dorbyl merger approval

The Competition Tribunal has given its reasons for conditionally approving the acquisition of Elgin Brown and Hamer Group Holdings by DCD-Dorbyl. The condition that the Competition Commission engage with the Transnet National Ports Authority over certain public interest concerns is an interesting development, as the merging parties have no power or control over its fulfilment.
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Webber Wentzel | South Africa | 13 Sep 2012

Tribunal unconditionally approves merger in the mining industry

The Competition Tribunal recently issued its reasons for the unconditional approval of a merger between Anglo Gold Ashanti Limited and First Uranium (Proprietary) Limited. It found that the proposed transaction was unlikely to substantially prevent or lessen competition, as the market share for the production and supply of gold and uranium would remain low following the transaction, and......
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Webber Wentzel | South Africa | 30 Aug 2012

Competition Tribunal announces reasons for merger approvals

The Competition Tribunal has recently issued approvals of three mergers, including transactions in the electrical accessories and petroleum markets. In one case, the tribunal imposed conditions because of an exclusivity clause in a lease agreement between the parties, despite the fact that the inclusion of such clauses is an industry-wide practice.
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Webber Wentzel | South Africa | 9 Aug 2012

Tribunal calls for more courage to "stop the cancer" in cartel finding

The Competition Tribunal has called for executives of firms involved in cartel activities to show greater courage to admit to and cease cartel conduct. The request was made in a decision in which the tribunal imposed administrative penalties on companies in the plastic pipe industry for their participation in a cartel dealing with market allocation and collusive tendering.
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