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Competition Policy News

Sugar dumping remains a crisis for industry  

By: Paige Müller     7th December 2018 While national government has shown a willingness to protect the sugar industry against corrosive trade-dumping practices, nonprofit anti-dumping organisation FairPlay founder Francois Baird emphasises that government’s ineffective administrative processes have made its previous attempts at... 

Lack of valve traceability hampers local industry

By: Jessica Oosthuizen     9th November 2018 The local valves industry has become extremely competitive, especially since there has been an influx of products that have no traceability, says industrial automation, valve and control supplier Fluid Control Services owner Allen Maguire. Many products are entering the local market from the... 

Lack of valve traceability hampers local industry
VALVE STANDARD The local valves industry needs to conform to a certain standard in terms of traceability

Russian rail group aims to develop newly acquired Boksburg factory into global narrow-gauge hub

By: Terence Creamer     31st October 2018 Leading Russian rail engineering group Transmashholding (TMH) confirmed on Wednesday that it, together with its South African partner Mjisa, had completed the acquisition of a 45 000 m2 rail manufacturing facility in Gauteng, South Africa. Black empowerment company Mjisa, which is led by Mafika... 

Russian rail group aims to develop newly acquired Boksburg factory into global narrow-gauge hub
Mjisa Investments director Sam Bhembe, TMH International CEO Martin Vaujour and TMH Africa CEO Jerome Boyet

Companies face prosecution for fixing gas cylinder prices

By: African News Agency      19th October 2018 The Competition Commission on Thursday referred to the Competition Tribunal for prosecution five Liquefied Petroleum Gas (LPG) companies for cartel conduct.  The Commission said that Totalgaz Southern Africa, Oryx Oil South Africa, KayaGas, Easigas and African Oxygen (Afrox), have been charged... 

South Africa elected chair of ACF

18th October 2018 South Africa has been elected chair of the continental competition body, the African Competition Forum (ACF).   The body, which comprises 31 members and five regional competition agencies, voted for three positions that include the chair, vice chair and the steering committee at a biennial... 

South Africa elected chair of ACF

Report error actually ranks S Africa 110 out of 162 in economic freedom   

By: Sane Dhlamini     11th October 2018 South Africa now ranks 110 out of 162 as an economically free country, according to the Economic Freedom of the World (EFW) index. The Free Market Foundation (FMF) revealed on Wednesday that South Africa had ranked 94 but an error in World Bank data, spotted and investigated by the FMF’s Eustace... 

Report error actually ranks S Africa 110 out of 162 in economic freedom

Job creation depends on B-BBEE compliance – Commissioner  

By: Sane Dhlamini     26th September 2018 The Commissioner of the Broad-Based Black Economic Empowerment (B-BBEE) Commission Zodwa Ntuli said job creation, as outlined in President Cyril Ramaphosa’s economic stimulus and recovery plan, would be easily achieved if companies were B-BBEE complaint. Ntuli was addressing the media in... 

Job creation depends on B-BBEE compliance – Commissioner
Photo by Sane Dhlamini
Commission's head of investigation and enforcement Joseph Melodi, Commissioner Zodwa Ntuli, senior manager for compliance Lindiwe Madonsela and senior manager on organisational strategy and performance Thembakazi Dondashe

Tribunal approves OTS’s acquisition of controlling share of Chevron South Africa

By: Simone Liedtke     13th September 2018 The Competition Tribunal on Thursday approved, with conditions, the proposed merger between Off The Shelf Investments 56 (OTS) and Chevron South Africa (CSA). The approval follows after the tribunal heard the second bid to acquire the controlling 75% stake in CSA and after receiving a minor... 

Tribunal confirms Omnia’s R30m penalty in 2003 Nutri-Flow complaint

By: Marleny Arnoldi     7th September 2018 The Competition Tribunal has confirmed the settlement agreement between Omnia Fertilizer and the Competition Commission, in which the Omnia Holdings subsidiary agreed to an administrative penalty of R30-million. The agreement stemmed from a 2003 complaint lodged by small fertilizer blender and... 

Busa calls for preservation of ‘yellow card’ regime in Competition Amendment Bill

By: Simone Liedtke     29th August 2018 Business Unity South Africa (Busa) economic and trade policy director Olivier Serrao has called for the preservation of the “yellow card” regime in the Competition Amendment Bill. The current version of the Bill does away with the “yellow card” regime, which is currently in place through the... 

South African watchdog approves Glencore's bid for Chevron assets

By: Reuters     23rd August 2018 South African competition watchdog has given Glencore's bid worth roughly $900-million for Chevron's local and Botswana assets the green light, it said on Thursday. But the Competition Commission placed a number of conditions on its approval, including the preservation of jobs after the deal and... 

Group Five granted immunity from competition authorities for 15 construction projects 

By: Simone Liedtke     6th August 2018 The Competition Tribunal has approved a settlement agreement in terms of which construction company Group Five will receive immunity for cooperating with the Competition Commission’s investigation into the construction industry and disclosing its participation in 15 construction projects as a... 

New twist in M&R battle as takeover body disallows further progress on Aveng tie-up

By: Terence Creamer     2nd August 2018 The protracted tussle for control of Murray & Roberts (M&R) took yet another turn this week, after the Takeover Special Committee (TSC) overturned a June decision by the Takeover Regulation Panel (TRP), allowing M&R to continue with preparations for a potential combination with Aveng, despite the... 

New twist in M&R battle as takeover body disallows further progress on Aveng tie-up

Commission granted 15-day extension in proposed OTS, Chevron South Africa merger

By: Creamer Media Reporter      2nd August 2018 The Competition Tribunal has granted the Competition Commission a 15 working day extension to consult interested parties to a proposed merger between Off the Shelf 56 (OTS) and Chevron South Africa (CSA). OTS, which already owns 25% of CSA, is seeking to acquire the remaining 75% interest in CSA... 

Competition Bill includes ‘greater flexibility’ for large firms to collaborate

By: Terence Creamer     19th July 2018 The overarching objective of the Competition Amendment Bill is to foster a “new deal for economic transformation and inclusion”, but Economic Development Minister Ebrahim Patel also notes that the proposed legislation introduces greater flexibility for collaboration by large firms. Speaking at... 

Competition Bill includes ‘greater flexibility’ for large firms to collaborate
Photo by Dylan Slater
Economic Development Minister Ebrahim Patel

Competition Amendment Bill 

18th July 2018 Creamer Media's Chanel de Bruyn speaks to Engineering News Editor Terence Creamer about the changes proposed in the Competition Amendment Bill, which has been tabled before Parliament. 

Competition Amendment Bill
Competition Amendment Bill

Google hit with record $5bn EU antitrust fine

By: Reuters     18th July 2018 EU regulators hit Google with a record €4.34-billion ($5-billion) antitrust fine on Wednesday for using its Android mobile operating system to squeeze out rivals. The penalty is nearly double the previous record of €2.4-billion, which the US tech company was ordered to pay last year over its... 

Competition Bill’s national security veto of foreign mergers ‘tightly codified’

By: Terence Creamer     17th July 2018 The national security veto included in the Competition Amendment Bill, which was tabled before Parliament on Tuesday, had been “tightly codified” so as not to deter potential investors, but rather offer certainty, Economic Development Minister Ebrahim Patel said during a briefing in Cape Town.... 

Competition Bill’s national security veto of foreign mergers ‘tightly codified’
Photo by Creamer Media
Economic Development Minister Ebrahim Patel

Designation status a cabling industry boon

By: Paige Müller     13th July 2018 Providing the cable industry with designation status has helped the industry to grow despite a myriad of local manufacturing barriers, says the Association of Electrical Cable Manufacturers of South Africa (AECMSA). The Department of Trade and Industry’s (DTI’s) revised Preferential Procurement... 

Designation status a cabling industry boon
MANUFACTURING NIGHTMARE The unique local cable manufacturing challenges make cable production in South Africa particularly costly and time-consuming

Competition Amendment Bill to be submitted to Parliament 

By: Terence Creamer     5th July 2018 Cabinet has approved the submission of the Competition Amendment Bill to Parliament. In a statement released following its July 4 meeting, Cabinet said the amendments provide for an extension of the mandate of the competition authorities and the executive to address high levels of economic... 

Competition Amendment Bill to be submitted to Parliament
Photo by Creamer Media
Economic Development Minister Ebrahim Patel

ATON’s mandatory offer undervalues company, M&R reiterates in circular

By: Terence Creamer     2nd July 2018 The board of engineering and construction group Murray & Roberts (M&R) has again guided shareholders not to accept ATON’s mandatory offer of R17 a share, which it argues undervalues M&R’s strategic platforms and business prospects. The board made the statement in a circular response to ATON’s... 

ATON’s mandatory offer undervalues company, M&R reiterates in circular

Takeover panel clears way for M&R to move on Aveng tie-up amid ongoing ATON opposition

By: Terence Creamer     21st June 2018 Murray & Roberts (M&R) announced on Thursday that it would proceed to further develop a potential tie-up with Aveng after the Takeover Regulation Panel (TRP) sanctioned the outcome of an earlier shareholder vote, which approved a resolution stating that the proposed Aveng deal was not designed to... 

Takeover panel clears way for M&R to move on Aveng tie-up amid ongoing ATON opposition

ATON welcomes tribunal’s M&R voting-rights ruling, despite restrictions

By: Terence Creamer     18th June 2018 Investment company ATON, which is seeking to acquire Murray & Roberts (M&R), has welcomed a Competition Tribunal ruling opening the way for it to vote all its shares at a general meeting at which M&R shareholders will vote on the merits of a proposed transaction with Aveng. The meeting is... 

ATON welcomes tribunal’s M&R voting-rights ruling, despite restrictions

Davies bemoans corruption’s undermining of industrial policy capability

By: Marleny Arnoldi     11th June 2018 Trade and Industry Minister Dr Rob Davies on Monday said corruption undermines industrial policy capabilities.  

Davies bemoans corruption’s undermining of industrial policy capability
Trade and Industry Minister Dr Rob Davies

ATON bemoans M&R’s Competition Tribunal application

By: Marleny Arnoldi     8th June 2018 German investment company ATON says JSE-listed Murray & Roberts (M&R) has initiated another ‘frustrating action’ against its offer to acquire all shares in M&R, by trying to prevent ATON from exercising its full rights and voting against M&R’s proposed combination with construction giant Aveng.  

African Open Skies plan putting cart before horse – Nigerian airlines

By: Rebecca Campbell     8th June 2018 Nigerian airlines are not enthusiastic about any rapid implementation of the Single African Air Traffic Market (SAATM). This was made clear at the recent 27th Annual African Aviation Summit (Air Finance Africa) by national industry association Airline Operators of Nigeria CEO Noggie Meggasin.  

Tribunal confirms R40m settlement agreement with Cape Gate

By: Simone Liedtke     7th June 2018 The Competition Tribunal has confirmed a R40-million settlement agreement with wire and steel manufacturer Cape Gate, following the company’s admission of price fixing, dividing markets and collusive tendering in respect of lightly galvanised wire, nails, wire and various wire products. The... 

Taxi industry calls for subsidies at public transport market inquiry, bemoans planning weakness

By: Marleny Arnoldi     4th June 2018 The South African National Taxi Council (Santaco) on Monday voiced its concerns about the state of the taxi industry on the first day of the Competition Commission’s land-based public passenger transport market inquiry, which is in its information gathering phase. The inquiry will look at various... 

ATON questions logic of M&R’s proposed ‘poison pill’ Aveng deal

By: Terence Creamer     31st May 2018 Investment company ATON, which is preparing a mandatory offer to buy all the shares in Murray & Roberts (M&R) it does not already own, has reiterated it steadfast opposition to M&R’s proposed acquisition of Aveng, describing the proposed Aveng transaction as a “poison pill” to prevent a takeover... 

ATON questions logic of M&R’s proposed ‘poison pill’ Aveng deal
Photo by Creamer Media
ATON says Aveng transaction would distract M&R from focusing on growth opportunities in mining

M&R says meeting set with ATON to discuss ‘highly strategic’ Aveng deal

By: Terence Creamer     30th May 2018 Murray & Roberts (M&R) confirmed on Wednesday that it would be meeting with its largest single shareholder, ATON, to discuss the merits of M&R’s proposed acquisition of Aveng, which it continues to describe as “highly strategic”. No date has been provided for the meeting, which is being pursued... 

M&R says meeting set with ATON to discuss ‘highly strategic’ Aveng deal

Commission approves NBC, ECM merger without conditions

By: Simone Liedtke     30th May 2018 The Competition Commission has approved the proposed transaction, whereby newly-incorporated company North Block Complex (NBC) intends to acquire Exxaro Coal Mpumalanga (ECM) in respect of its mining and processing business, the transferred business, without conditions. The transferred business,... 

Commission recommends tribunal approve Sea Harvest, Vikings merger

By: Simone Liedtke     30th May 2018 The Competition Commission has recommended to the Competition Tribunal that Sea Harvest Corporation’s proposed acquisition of certain fishing rights and assets used in operating the fishing business of Vikings Fishing Holdings, be approved with conditions. The proposed merger, the commission... 

Commission approves Hudaco’s Boltworld acquisition, with conditions

By: Simone Liedtke     30th May 2018 The Competition Commission has approved, with conditions, the proposed merger whereby industrial supplies company Hudaco intends to acquire industrial equipment supplier Boltworld. The commission does not believe the proposed transaction will substantially prevent or lessen competition in any... 

As ATON prepares mandatory offer, M&R board says higher price still ‘undervalues’ company

By: Terence Creamer     29th May 2018 The takeover battle for engineering and construction group Murray & Roberts (M&R) by German investment company ATON intensified this week with ATON announcing its intention to make a new mandatory offer, following a Takeover Special Committee (TSC) ruling instructing ATON to withdraw its earlier... 

As ATON prepares mandatory offer, M&R board says higher price still ‘undervalues’ company

ATON ‘open to engage’ with M&R board as offers is made mandatory

By: Terence Creamer     29th May 2018 German investment company ATON has increased its offer price to Murray & Roberts (M&R) shareholders to R17 a share from R15 previously and the family-owned group has also confirmed that it will convert its voluntary offer to a mandatory one. ATON’s announcement follows a two-day hearing of the... 

ATON ‘open to engage’ with M&R board as offers is made mandatory

M&R hopes to convince ATON of commercial merits of Aveng tie-up

By: Terence Creamer     18th May 2018 Murray & Roberts (M&R) CEO Henry Laas says he will make every effort to convince its largest shareholder ATON – the German family-owned business, which owns 39% of the company and which has made a firm offer to acquire majority control of the South African engineering and construction group – of... 

M&R hopes to convince ATON of commercial merits of Aveng tie-up
Photo by Creamer Media
M&R CEO Henry Laas

Africa’s air traffic liberalisation journey continues, after 30 difficult years

By: Rebecca Campbell     18th May 2018 In November 1988, the Ministers responsible for civil aviation in 40 African countries agreed a declaration on a new African air transport policy. This was immediately designated the Yamoussoukro Declaration, after the city in which it was adopted (the capital of Ivory Coast). Among other things,... 

Africa’s air traffic liberalisation journey continues, after 30 difficult years
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