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Competition Commission of South Africa: Recent Decisions on M&A

Editorial
Last updated: March 10, 2025 9:45 am
Editorial
Published February 19, 2025
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The Competition Commission of South Africa (CCSA) convened on 13 February 2025 to deliberate on various matters concerning competition regulation, including complaints, mergers, and acquisitions, in accordance with the Competition Act (89 of 1998) as amended.

Below is a summary of key decisions reached by the Commission.

1. Amandlamanzi Resources (Pty) Ltd / Mylotex (Pty) Ltd (Springlake Colliery)

The Commission has recommended the approval of Amandlamanzi’s acquisition of Springlake Colliery, subject to conditions. Amandlamanzi, controlled by Menar Resource Holdings and Royal Mining Holdings, operates within the mining sector, particularly in anthracite coal production. The target firm, Mylotex, owns the mining rights and assets of Springlake Colliery. While the transaction does not pose a significant competitive threat, a two-year moratorium on job losses has been imposed to safeguard employment.

2. Clientèle Limited / Emerald Life Proprietary Limited

Clientèle’s proposed acquisition of Emerald Life has been approved unconditionally. Clientèle, a public insurance company, intends to acquire Emerald Life, a licensed life micro-insurer specializing in funeral insurance. The Commission determined that the transaction does not significantly impact market competition or raise public interest concerns.

3. Trapeze Software ULC / Britehouse Automotive Proprietary Limited

The Commission has approved, with conditions, Trapeze’s acquisition of Britehouse Automotive. Trapeze, a Canadian software company, provides dealership management software solutions, while Britehouse Automotive specializes in automotive software. The approval requires the establishment of an employee share ownership programme (ESOP) or ownership inclusion for historically disadvantaged persons (HDPs).

4. Putirex Proprietary Limited & 11 Adderley Properties Proprietary Limited / Paramount Property Fund Ltd

The acquisition of Golden Acre, Grand Parade, and 11 Adderley Street by Putirex and 11 Adderley Properties has been approved with conditions. These properties, previously controlled by Paramount, include retail and office spaces in the Western Cape. To address public interest concerns, Putirex has committed to sourcing services from HDPs.

5. Ziningi Properties Proprietary Limited / Checkers Hyper Centre Vanderbijlpark

Ziningi’s acquisition of the Checkers Hyper Centre in Vanderbijlpark from Burstone Group Limited has been approved with conditions. The Commission found no substantial competition concerns and has mandated service procurement from HDPs as a public interest measure.

6. Sportsdirect.Com Retail Limited / S and R Holdco (Pty) Ltd (Holdsport)

The Commission approved Sportsdirect’s acquisition of Holdsport, subject to conditions. Sportsdirect, a UK-based sports retailer, aims to acquire Holdsport, which operates Sportsmans Warehouse, Outdoor Warehouse, and Shelflife. The merged entity is prohibited from retrenching employees for two years post-merger and must establish an ESOP.

7. JBSA Props Proprietary Limited / 11 Adderley Properties Proprietary Limited

JBSA’s acquisition of 11 Adderley Properties has been approved with conditions. JBSA, a property investment firm, will assume ownership of retail and office spaces in the Western Cape. To address public interest concerns, JBSA has committed to procuring services from HDPs.

8. Cox Energy South Africa Proprietary Limited / OptiPower-Coxabengoa Joint Venture

The Commission approved Cox Energy SA’s acquisition of the OptiPower-Coxabengoa Joint Venture. Cox Energy SA, a subsidiary of Spain-based Cox ABG Group, specializes in renewable energy projects. The acquisition does not pose competition risks or public interest concerns.

9. Joule (Pty) Ltd (Frogfoot SPV) / ATC Fibre Business

Frogfoot SPV’s acquisition of ATC Fibre Business has been approved unconditionally. Frogfoot, a fibre network operator, intends to integrate ATC’s fibre infrastructure into its operations. The transaction does not raise competitive or public interest concerns.

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