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CT: Ostrich meat companies seek access to confidential information after Commission prohibits merger

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CT: Ostrich meat companies seek access to confidential information after Commission prohibits merger

CT: Ostrich meat companies seek access to confidential information after Commission prohibits merger
Photo by Supplied by Competition Tribunal

23rd April 2019

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/ MEDIA STATEMENT / The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

Three companies involved in the supply of ostrich meat are approaching the Tribunal, after their proposed merger was prohibited by the Commission late last year. They want access to confidential information which the Commission used in its decision-making process.
 
The information was supplied to the Commission by other companies which raised concerns about the merger.
 
The Commission prohibited the merger involving Klein Karoo International (Pty) Ltd; Mosstrich (Pty) Ltd; and Cape Karoo (Pty) Ltd on the basis that it would result in a substantial lessening of competition in the market for the supply of ostrich meat. The Commission also found that the merging parties would have the ability and incentive to foreclose the downstream ostrich feather market.
 
In late January 2019 the companies filed papers (a reconsideration application) with the Tribunal. They want the Tribunal to approve the merger without conditions, on the basis that the Commission erred in its market definition in respect of ostrich meat -- and that they (the merging parties) will not foreclose the downstream ostrich feather market.
 
The other companies (which raised concerns about the merger as third parties) include EES Millinery, Charles Biggs N.O (trustee of Classic Trusts) and Lewitton Industrial Corporation CC. They have all resisted the disclosure of / access to their information on the grounds of confidentiality.
 

Proposed merger in the market for the provision of rentable office space
 
This proposed transaction is a property merger whereby K2012150042 (Pty) Ltd (“K2012”) seeks to acquire Wanooka Place from Wanooka Properties (Pty) Ltd as a going concern.  Wanooka Place is a grade A office property located in Parktown, Johannesburg.
 
K2012, a property-owning company, is ultimately controlled by Old Mutual Limited. The Old Mutual Group invests in fixed property in various provinces. Relevant to this transaction is Old Mutual Group’s interests in grade A office properties in Rosebank, Pretoria and Sandton.
 
In its assessment, the Commission found that there were no competition or public interest concerns. It recommended that the proposed merger be approved without conditions.
 

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Proposed merger in the market for the supply of petroleum products through retail service stations and in farming requisite stores
 
In this proposed large merger, Senwesbel Limited (“Senwesbel”) and its subsidiary Senwes Limited (“Senwes”) seek to acquire KLK Landbou Limited (“KLK”). The Commission has recommended that the proposed transaction be approved without conditions.
 
Senwesbel is an investment holding firm. Senwes controls numerous companies in South Africa. Its products and services include financing, agricultural services, grain handling and marketing, grain trading, grain transport, retail outlets and wholesale distribution, among others.
 
KLK operates in trade and building stores, petroleum and retail fuel stations, meat trade and abattoirs, motor vehicles, livestock and auctioneering and financial services, among others.
 

Issued by The Competition Tribunal

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