Latest decisions by the Competition Commission

26th June 2020

Latest decisions by the Competition Commission
  1. KLL Group (Pty) Ltd (KLL)/The starch, glucose and animal feed ingredients business (Target Business) of Tongaat Hulett Limited (Tongaat Hulett)

The Commission has recommended that the Competition Tribunal approve the proposed transaction whereby KLL intends to acquire the Target Business from Tongaat Hulett without conditions. 

KLL is controlled by Barloworld Limited Group (Barloworld). Barloworld is a distributor of leading international brands, providing integrated rental, fleet management, product support and logistics solutions. 

The Target Business is the starch, glucose and animal feed ingredients business of Tongaat Hulett. The Target Business produces starch, glucose and related products. The Target Business’s starch and glucose products are used as ingredients in various industrial and food manufacturing processes.

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.

 

2. KUTSPV001 (Pty) Ltd (the SPV)/ Marley (SA) (Pty) Ltd (Marley S)

The Commission has unconditionally approved the proposed merger whereby the SPV intends to acquire Marley SA.

The SPV is a newly formed special purpose vehicle and it does not have any business activities in South Africa. The Kutana Group is an investment holding company, holding investment portfolios in a broad spectrum of companies involved in the following markets: steel and industrial supply; information and technology; industrial and manufacturing; construction; financial and related services; agriculture and food processing; property; franchises; pharmaceuticals; plastic products and components manufacturing; asset finance; security solutions in asset and stock management and control; information and data management solutions; enterprise and operational risk management advisory services; forensic services; occupational health and safety training services; and apparel accessories manufacturing.  

Marley SA is a concrete roof tile manufacturer and distributor in South Africa. Marley SA operates in the manufacturing industry and its product range includes the concrete roof tiles and ridges; fibre cement roof sheets, facia and barge boards; under roof products; roof tile accessories, finishing and fixing products; clay roof tiles; and solar roof tiles.

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.

3. Visser Pecans (Pty) Ltd (Visser Pecans)/ Golden Peanut and Tree Nut SA (Pty) Ltd (Golden Peanut) and GPC Pecans SA (Pty) Ltd (GPC Pecans)

The Commission has unconditionally approved the proposed merger whereby Visser Pecans intends to acquire Golden Peanut and GPC Pecans.

Visser Pecans is active in the growing of groundnuts and pecan nuts in Vaalharts, Northern Cape.  

Golden Peanut and GPC Pecans are primary processors of pecans and groundnuts in the Northern Cape and Free State regions.

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.

 

Issued by The Competition Commission of South Africa