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Key decisions on mergers and acquisitions
 
Dis-Chem Pharmacies Limited (Dis-Chem) v Mundel Gien (Pty) Ltd trading as Springbok Pharmacy (Springbok Pharmacy)
 

The Commission has recommended to the Competition Tribunal (Tribunal) that the proposed merger, whereby Dis-Chem intends to acquire Springbok Pharmacy, be approved, without conditions.
 
Dis-Chem Group is a vertically integrated pharmacy group that operates more than 100 corporate and franchise pharmacies in major metropolitans and suburbs across South Africa. Dis-Chem Group’s offerings include scheduled and unscheduled pharmaceutical products as well as non-pharmaceutical products or goods ranging from baby-care products and toiletries to household cleaning items (front shop products).
 
Springbok Pharmacy is an independent retail pharmacy with a single outlet situated in Alberton in Gauteng Province. Springbok Pharmacy’s offerings are provided primarily within Gauteng Province.
 
The Commission found that the proposed transaction is unlikely to result in a substantial prevention or lessening of competition in the relevant markets. The Commission further found that the proposed transaction does not raise any employment or other public interest concerns.
 
Worley Parsons Limited (WorleyParsons) v The Energy, Chemicals and Resources division of Jacobs Engineering Group Inc (Jacobs ECR)
 
The Commission has approved, without conditions, the proposed merger whereby WorleyParsons intends to acquire Jacobs ECR.
 
In South Africa, WorleyParsons controls WorleyParsons South Africa (WPRSA). WRPSA is an engineering consultancy firm which provides engineering, procurement and construction management consultancy services.
 
Jacobs ECR provides engineering consultancy services in the energy, chemicals and resources sector. Jacobs ECR is involved in engineering strategy and design; procurement; project and operation and maintenance services. In addition, Jacobs ECR services are centred around (i) aerospace, technology, environment and nuclear; (ii) buildings infrastructure and advanced facilities; and (iii) energy, chemicals and resources (ECR).
 
The Commission found that the proposed transaction is unlikely to result in a substantial prevention or lessening of competition in the relevant markets. The Commission further found that the proposed transaction does not raise public interest concerns.
 
Norcros SA (Pty) Ltd (Norcros SA) v RAP Plumbing Supplies (Pty) Ltd trading as House of Plumbling (House of Plumbing)
 
The Commission has approved, without conditions, the proposed merger, whereby Norcros SA intends to acquire House of Plumbing.
 
In South Africa, Norcros SA’s business is conducted through three different divisions, being: Johnson Tiles, TAL and Tile Africa, which operate as divisions of Norcros SA.
 
House of Plumbing is involved in the provision of plumbing supplies and its major products are brassware, plastic pipes, copper pipes and fittings, sanitary ware and geysers.
 
The Commission found that the proposed transaction is unlikely to result in a substantial prevention or lessening of competition in the relevant markets. The Commission further found that the proposed transaction does not raise any public interest concerns.
 
Indonesian Payments Investment Limited (Okavango) v BioTherm Energy Proprietary Limited (BioTherm)
 
The Commission has approved, the proposed merger, without conditions, whereby Okavango intends to acquire BioTherm.
 
Okavango is controlled by the Actis Fund, a company incorporated in accordance with the laws of United Kingdom. Of relevance to the proposed transaction is Lekela Power BV (Lekela Power), an entity of Actis Fund. Lekela Power is a renewable energy generation company. In South Africa, Lekela Power is active in wind power projects located in the Northern Cape Province.
 
BioTherm is an Independent Power Producer and an African renewable energy development company.
 
The Commission found that the proposed transaction is unlikely to result in a substantial prevention or lessening of competition in the relevant markets. The Commission further found that the proposed transaction does not raise any public interest concerns.
 
Air France -KLM S.A (AFKL) Virgin Atlantic Limited (VAL)
 
The Commission has approved, the proposed merger, without conditions, whereby AFKL intends to acquire VAL.
 
The AFKL network is organised arounds hubs in Paris and Amsterdam. From these two major hubs, the group operates flights from Europe to the rest of the world.
 
VAL through Virgin Atlantic is active primarily in the provision of passenger air transport services. Virgin Atlantic flies direct to 25 destinations worldwide, including locations across North America and the Caribbean and certain destinations in Africa, the Middle East and Asia. Virgin Atlantic provides its passenger air services to and from South Africa to London.
 
The Commission found that the proposed transaction is unlikely to result in a substantial prevention or lessening of competition in any relevant markets. The Commission further found that the proposed transaction does not raise any public interest and employment concerns.
 

Rome UK Bidco Limited (Rome Bidco) v RPC Group Plc (RPC)
 
The Commission has approved, without conditions, Rome Bidco’s proposal to acquire RPC.
 
Rome Bidco is an international alternative investment manager that invests in equity and debt issued by companies involved in various businesses throughout the world. Rome Bidco invests in companies that are involved in the chemicals, real estate, paper, television healthcare, security and defence and insurance sectors. In South Africa, Rome Bidco controls firms which are involved in the following education and professional development services, logistic services, speciality chemicals, information technology infrastructure and telecommunication services.
 
RPC is a manufacturer of plastic products and has business operations in more than 30 countries, including South Africa. RPC’s product offerings are used for packaging in inter alia, the food, non-food, personal care, beverage, healthcare, and technical components sectors.
 
The Commission found that the proposed transaction is unlikely to result in a substantial prevention or lessening of competition in any market relevant market. The Commission further found that the proposed transaction does not raise any employment or other public interest concerns.
 

JAB Holdings Company S.a.r.l. (JAB) v Coty Inc. (Coty)
 
The Commission has approved without conditions, JAB’s proposed acquisition of Coty.
 
JAB is an investment company with interests in tea brands, coffee brands, bakery, food, non-alcoholic beverages, doughnuts and fashion.
 
Coty is a global beauty products company that is primarily involved in supplying consumer beauty products, luxury products, and professional beauty products.
 
The Commission found that the proposed transaction is unlikely to result in a substantial prevention or lessening of competition in any market relevant market. The Commission further found that the proposed transaction does not raise any employment or other public interest concerns.
 

Macrovest Capital (Pty) Ltd (Macrovest) v MBT Petroleum (Pty) Ltd (MBT)
 
The Commission has approved without conditions, Macrovest’s proposal to acquire MBT.
 
Macrovest is an investment company and currently holds interests in firms that operate in the financial, services and manufacturing sectors.
 
MBT is a non-refining wholesaler of petroleum products. MBT markets and distributes refined petroleum products (such as diesel, petrol, illuminating and lubricants) to retail customers and commercial customers. MBT has business operations in Gauteng, Mpumalanga, Limpopo, Free State, Mpumalanga, North West and Western Cape provinces.
 
The Commission found that the proposed transaction is unlikely to result in a substantial prevention or lessening of competition in any relevant markets. The Commission further found that the proposed transaction does not raise any employment or other public interest concerns.
 
Apollon Property (Pty) Ltd (Apollon) v Alkara 329 (Pty) Ltd in respect of the property letting enterprise known as 22 Long Street (Alkara 329)
 

The Commission has approved without conditions, Apollon’s proposal to acquire Alkara 329.
 
Apollon is involved in property investment, development and services business in the South African commercial property sector on behalf of its shareholders. Apollon’s portfolio comprises, among others, Grade B office space and retail space.
 
Alkara 329 is a property letting enterprise, comprising of a Grade B office Space and retail space, located in the Cape Town CBD.
 
The Commission found that the proposed transaction is unlikely to result in a substantial prevention or lessening of competition in the relevant markets. The Commission further found that the proposed transaction does not raise any employment or other public interest concerns.
 
Non Referrals: The Commission has taken a decision to non-refer (not to prosecute) the following cases:
 
Mervern Brian Rose v Momentum
The Commission has taken a decision to non-refer the complaint due to prioritisation principle
 
2.2       Phillip Johannes Sonnekus v Mondial IT; Paracon and all about expert
The Commission is of the view that the conduct complained of does not contravene the Competition Act
 
2.3     City of Cape Town v Bohay Construction & Cleaning CC & others
The Commission is of the view that the conduct complained of does not contravene the Competition Act
                                             
2.4      Hendrik Muller v Omnia Fertilizer
The Commission is of the view that the conduct complained of does not contravene the Competition Act.
     
2.5      Qualibear (Pty) Ltd v MacsteeL Services Centres SA (Pty) Ltd
The Commission is of the view that the conduct complained of does not contravene the Competition Act.
 
2.6      Selwyn Barton v the Kruger Park Lodge Home Owners Association and Legacy Hotel Management Services (Pty) Ltd
The Commission is of the view that the conduct complained of does not contravene the Competition Act.
 
2.7     Gcwelethemba Tshuma v Gautrain

The Commission is of the view that the conduct complained of does not contravene the Competition Act.
 

2.8     Hermes Apollo ENGINEERING (Pty) Ltd v Richards Bay Mineral (Pty) Ltd  

The Commission is of the view that the conduct complained of does not contravene the Competition Act.
 
2.9     Jann Harold Bader v Discovery Health and Others
The Commission is of the view that the conduct complained of does not contravene the Competition Act.
 
2.11     Dr Khrishna Thangavelu vs Discovery Medical Scheme, Key Care Plus (Option)
The Commission is of the view that the conduct complained of does not contravene the Competition Act.
 
2.12     Mr Sydney Ngobeni v public and private schools
The Commission has decided to pursue this matter through advocacy..
 
2.13     Jeanette Smith vs Checkers, Spar, Pick n Pay, and Woolworths
The Commission is of the view that the conduct complained of does not contravene the Competition Act.
 
3          Withdrawal: The Commission has taken a decision to accept the withdrawal of the following cases
3.1        Mbuso Medical Supplies v Imtmed/ Vyaire
The Commission has taken a decision to accept the withdrawal of this complaint.    

 
Issued by  The Competition Commission of South Africa