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Latest decisions by the Competition Commission

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Latest decisions by the Competition Commission

Latest decisions by the Competition Commission

21st January 2021

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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.

Adumo (RF) (Pty) Ltd (Adumo)/ GAAP Point-of-Sale (Pty) Ltd (GAAP)

The Commission has unconditionally approved the proposed merger whereby Adumo intends to acquire GAAP.

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Adumo is controlled by Crossfin Apis Transactional Solutions Proprietary Limited (“CATS”). CATS is in turn controlled by Crossfin Technology Holdings Proprietary Limited (“CFTH”). We will refer to Adumo, firms that are directly and indirectly controlled by it and all the firms that directly and indirectly control it as the “Acquiring Group”.

The Acquiring Group provides a range of payment processing services, which include (i) merchant acquiring services, (ii) switching services; (iii) loyalty, rewards, incentives and gift card services and (iv) funding services for small, medium, and micro enterprises.

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GAAP is involved in the leasing or sale of Point-of-Sale hardware and software (“POS hardware”) customised for use in the hospitality industry (“hospitality POS systems”). GAAP’s products are not capable of processing payments but can be integrated with payment processing services. GAAP’s hospitality POS systems are computerised systems incorporating order displays, registers and peripheral equipment used in restaurants and hotels. The POS software for restaurants can allocate tables, create and print orders to the kitchen and bar for preparation, and track inventory levels, amongst other services.

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 concerns.

Petre Moya Holdings (Pty) Ltd (Petre Moya)/ Quest Petroleum (Pty) Ltd (Quest Petroleum), Quest Lubricants (Pty) Ltd (Quest Lubricants), Montidox, (Pty) Ltd (Montidox), and On Route Convenience (Pty) Ltd (ORC)

The Commission has unconditionally approved the proposed merger whereby Petre Moya intends to acquire Quest Petroleum, Quest Lubricants, Montidox and ORC (Target Firms).

Petre Moya is controlled by Petregaz Holdings Proprietary Limited (“Petredec SA). Petre Moya and all of the firms directly or indirectly controlling it, and all the firms that it controls shall be referred to as the “Petredec Group”. In South Africa, Petredec Group is involved in, inter alia, the wholesale supply of diesel, petrol and lubricants to commercial and retail customers in Kwa-Zulu Natal (“KZN”). Petredec Group is also involved in the bulk and wholesale supply of Liquid Petroleum Gas (“LPG”) to customers in KZN.

The Target Firms are active in the wholesale and distribution of petrol, diesel, illuminated paraffin and lubricants. The Target Firms have a footprint in Eastern Cape, Western Cape, Free State and Northern Cape. Lastly, the Target Firms (“through ORC”) operate as a franchisor that provides a franchise forecourt convenience shop offering.

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 concerns.

LCS Evolution (Pty) Ltd (LCS Evolution)/ Yellow Jersey Logistics (Pty) Ltd (Yellow Jersey)

The Commission has unconditionally approved the proposed merger whereby LCS Evolution intends to acquire Yellow Jersey.

LCS Evolution currently has no business activities in South Africa or anywhere in the world and is the entity through which new acquisitions and projects are intended to be executed by the LCS Group. The LCS Group is a diversified supply chain business.

Yellow Jersey focuses on the transportation of shipping containers between the port of Durban and its depot or consignees in and around Gauteng. In addition, it offers niche road transport services to customers who are active in the clearing and forwarding industry, servicing both ocean freight and airfreight customers. Yellow Jersey’s service offering entails transportation of full containers; loading and unloading of containers; transportation of less-than-full shipping containers; and breakbulk airfreight.

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 concerns.

1.4       Fireblade Aviation Holdings (Pty) Ltd (FAH) / Fireblade Aviation (Pty) Ltd (Fireblade)

The Commission has unconditionally approved the proposed merger whereby FAH intends to acquire Fireblade.

FAH is a special purpose vehicle and does not have any business activities. FAH is an indirect subsidiary of Oppenheimer Generations Limited.

Fireblade provides aircraft charter services and airport-based services at OR Tambo International Airport ("OR Tambo"), Johannesburg.

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 concerns.

1.5       SIG Combibloc Group AG (SIG) / SIG Combibloc Obeikan FZCO (SIG Obeikan)

The Commission has unconditionally approved the proposed merger whereby SIG intends to acquire SIG Obeikan.

The SIG group of companies operate globally in the manufacture of filling machines and carton packages and related maintenance services, which are offered to the global food and beverage industry. In South Africa, SIG operates through its interest in SIG Obeikan, being the primary target firm in the instant transaction.

SIG Obeikan distributes filling machines and packaging in the form of sleeves and cartons. SIG Obeikan’s activities in South Africa relate to the receiving of orders for, and the marketing and distribution of, SIG-branded products as well as the coordination of after-sales services with customers.

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 concerns.

1.6       Calibre Investment Holdings (Pty) Ltd (CIH) and The Reef Group (Pty) Ltd (TRG) / NewCo (Pty) Ltd C/O Unicorn Capital Partners Ltd (NewCo)

The Commission has unconditionally approved the proposed merger whereby CIH and TRG intend to acquire NewCo.

CIH controls several companies including TRG, Brunel; and JB Private Equity Investors. CIH, TRG and all their subsidiaries and firms controlling it will collectively be referred to as the Acquiring Group.

The Acquiring Group is involved in the manufacturing of low voltage switchgear and pneumatic drills for the mining industry.

The primary target firm is NewCo a company that is yet to be incorporated by Unicorn Capital Partners Ltd (UCPL). UCPL will transfer several firms to NewCo and NewCo will have control of those companies. NewCo and all the firms controlled by it are collectively referred to as the Target Firms. The Target Firms provide the following services to the mining industry: coal stockpile management services, exploration drilling, overburden drilling and blasting and mobile crane hire services.

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 concerns. 

Members of the public can now lodge their complaints by SMS/WhatsApp @084 743 0000

 

 

Issued by The Competition Commission of South Africa

 

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