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1. Key decisions on Mergers and Acquisitions

1.1 General Electric Company v Baker Hughes Incorporated

The Commission has recommended to the Tribunal that the proposed large merger be approved, without conditions, whereby General Electric Company (GE) intends to acquire Baker Hughes Incorporated (BHI).

GE is an American firm and is a global, diversified manufacturing, technology and services company made up of business units including the GE Oil & Gas business unit. In South Africa, GE supplies drilling equipment, surface equipment for wellheads, wireline tools, turbomachinery, downstream technology solutions and water treatment chemicals.

BHI is also an American company and is a supplier of oilfield service products, technology and systems to the worldwide oil and natural gas industry. BHI also provides industrial products and services to the downstream chemicals and pipeline industries. In South Africa, BHI supplies drill bits, drilling and completion fluids, completions and wellbore intervention, pressure pumping, downstream process chemicals, fuel additives and drag reducers as well as industrial services.

The proposed transaction is unlikely to result in a substantial lessening or prevention of competition in any of the markets affected in the oil and gas industry and does not raise any public interest concerns.

1.2 Firefly Investments 319 (Pty) Ltd and Murray and Roberts Ltd in respect of the business division known as Murray & Roberts Infrastructure and Building Platform

The Commission has recommended to the Tribunal that the proposed large merger be approved, without conditions, whereby Firefly Investments 319 (Pty) Ltd (Firefly) intends to acquire the business division known as Murray & Roberts Infrastructure and Building Platform (the I&B Platform) from Murray & Roberts Limited (MUR).

Firefly is a newly established firm created for the purposes of the proposed transaction and currently does not have any business operations.

The primary target firm is MUR in respect of a business division known as the I&B Platform. The I&B Platform business operations are involved in civil engineering, general building and road and earthworks, opencast mining, main civil works for power station, construction plant and equipment and property development.

The proposed transaction is unlikely to substantially prevent or lessen competition and does not raise any public interest concerns.

1.3 Wanton Trading (Pty) Ltd v Maxdev Properties (Pty) Ltd and Simply Trading 28 (Pty) Ltd

The Commission has approved, without conditions, the proposed intermediate merger whereby Wanton Trading (Pty) Ltd (Wanton) intends to acquire Maxdev Properties (Pty) Ltd (Maxdev) and Simply Trading 28 (Pty) Ltd (Simply Trading).

Wanton is a special purpose vehicle and does not conduct any business activities.

Maxdev is a property investment company that owns immovable properties in KwaZulu-Natal. Simply Trading owns retail grocery stores which sell consumer goods using the SPAR branding and logos.

The Commission is of the view that the proposed transaction is unlikely to substantially prevent or lessen competition in any market. In addition, the proposed transaction does not raise any public interest concerns.

1.4 CorpVent 100 Ltd v Petmin Ltd

The Commission has approved, without conditions, the intermediate merger whereby CorpVent 100 Limited (Bidco) intends to acquire Petmin Limited (Petmin).

Bidco is a special purpose vehicle and does not provide any products or services.

Petmin is a multi-commodity mining company focused on commodities that support the steel value chain with local mining operations. Petmin produces metallurgical anthracide.

The proposed transaction is unlikely to substantially prevent or lessen competition in any market. In addition, the proposed transaction does not raise any public interest concerns.

1.5 RAB Property Investments (Pty) Ltd v Emira Property Fund Ltd in respect of the property letting enterprises known as Waterkloof House and Brooklyn Forum; and Aquarella Investments 272 (Pty) Ltd in respect of the property letting enterprises known as Brooklyn Gardens

The Commission has approved, without conditions, the intermediate merger whereby RAB Property Investments (Pty) Ltd (RAB) intends to acquire Emira Property Fund Ltd (Emira) in respect of the property letting enterprises known as Waterkloof House and Brooklyn Forum; and Aquarella Investments 272 (Pty) Ltd (Aquarella) in respect of the property letting enterprises known as Brooklyn Gardens.

RAB is not trading and is established as an investment vehicle for the proposed transaction. The Acquiring Group is involved in the management and leasing of commercial property. The Acquiring Group leases office space to diplomatic and international organisations.

The Target Properties are office properties located in Pretoria. Waterkloof House is a Grade office property located in Brooklyn; Forum is a B Grade office property located in Nieuw Muckleneuk; and Brooklyn Gardens is a B Grade office property located in Brooklyn.

The Commission is of the view that the proposed transaction is unlikely to substantially prevent or lessen competition in any market. In addition, the proposed transaction does not raise any public interest concerns.

2.Non Referrals: The Commission has taken a decision to non-refer (not to prosecute)  the following cases:

2.1 Roshen Ramballi v Gamestore Secunda
The Commission is of the view that the conduct complained of does not contravene the Competition Act.

2.2  Cecil Van Reenen v Various Companies Claiming Sole Supplier who has the only advantage in quoting
The Commission is of the view that the conduct complained of does not contravene the Competition Act.

2.3 Moses Lehutso v Dr JS Moroka Local Municipality
The Commission is of the view that the conduct complained of does not contravene the Competition Act.

Issued by Competition Commission