Displaying items by tag: Competition Tribunal

South Africa: Mining and materials company Afrimat says that further regulatory conditions as part of its ongoing acquisition of Lafarge South Africa have been met. The Minister of Mineral Resources and Energy of South Africa has consented in terms of the Mineral and Petroleum Resources Development Act, the Financial Surveillance Department of the South African Reserve Bank has approved the acquisition in terms of the Exchange Control Regulations and the respective Competition Authorities in Botswana and eSwatini have approved the implementation of the acquisition. Approval by the Competition Commission is still outstanding but it recommended the transaction to the Competition Tribunal in November 2023. However, the Competition Commission highlighted ‘horizontal overlaps’ in the aggregates and ready-mix concrete sectors and recommended that the parties be required to divest assets across the affected sectors.

Afrimat first announced in June 2023 that it had agreed a share purchase agreement with a Holcim Group subsidiary, Caricement, to acquire 100% of the issued share capital of Lafarge South Africa. The proposed acquisition will become unconditional and be implemented once approval by the Competition Tribunal has been obtained.

South Africa: The Competition Tribunal has received a recommendation from the Competition Commission that it should allow aggregates producer Afrimat to acquire Lafarge South Africa. Creamer Engineering News has reported that the commission found that the merger involves ‘horizontal overlaps’ in the aggregates and ready-mix concrete sectors. As such, it recommended that the parties be required to divest assets across the affected sectors.

South Africa: The Competition Tribunal has confirmed an agreement between PPC and the South African Competition Commission granting the company immunity from prosecution in an investigation allegedly involving price fixing and market sharing between local cement producers from 1995 to 2009. The Cape Times newspaper has reported that the ruling additionally granted the company immunity from related fines. PPC has reportedly agreed not to engage in price fixing or prohibited conduct in the future. The Commission said, "In addition, it will have to develop a competition law compliance programme."

AfriSam and Lafarge Industries South Africa paid fines related to the case. However, a case against Natal Portland Cement (NPC) was dismissed.

South Africa: The Competition Tribunal has resumed hearings into allegations of cartel-like behaviour by Natal Portland Cement (NPC), Pretoria Portland Cement Company (PPC), Lafarge Industries South Africa (Lafarge) and AfriSam Consortium (AfriSam). It follows a referral by the Competition Commission following an investigation in 2015 that examined collusive conduct between the cement companies between 2008 and 2012. At the time PPC was granted conditional leniency and AfriSam and Lafarge settled with the Commission.