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Supreme Court
Innscor Africa Limited & Anor v Competition and Tariff Commission
[2018] ZWSC 52
Case Details
Court
Supreme Court
Date
25 January 2018
Citation
[2018] ZWSC 52
Judgment No.
SC 52/18
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Malaba CJ
Full Bench
Malaba CJHlatshwayo JAPatel JA
Areas of Law
Competition lawStatutory interpretation
Keywords
conglomerate mergerCompetition Actmerger definitioncontrolling interest
Tags
Competition lawMerger regulationStatutory interpretation
legislation
Statutes Cited
- Competition Act [Chapter 14:28]
- Competition Act 89 of 1998 (South Africa)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the term \"or other person\" in the definition of \"merger\" in section 2 of the Competition Act includes conglomerate mergers","issue_type":"law","dispositive":"yes","related_facts":"Parties created conglomerate merger; value exceeded threshold; parties not competitors/suppliers/customers"}
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background
Facts of the Case
Background
The first appellant acquired a controlling interest in the second appellant in 2015, creating a conglomerate merger. The appellants argued this was not notifiable under the Competition Act as it was a conglomerate, while the respondent contended all mergers including conglomerates were covered by the Act's definition.
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