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Oceana, Foodcorp merger to be heard by Competition Tribunal

15th January 2014

By: Leandi Kolver

Creamer Media Deputy Editor

  

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The proposed merger between fishing company Oceana Group and South African food company Foodcorp’s fishing business, which consists of pelagic, hake and lobster divisions, would next week be considered by the Competition Tribunal, as the merging firms did not agree with the merger conditions prescribed by the Competition Commission when it approved the transaction in October.

Oceana owned the Lucky Star brand of canned fish, while Foodcorp owned the Glenryck brand. Together these firms would be dominant in the market for the sale of canned fish.

During its investigation, the Competition Commission found that the deal would substantially lessen competition in the market for the sale of canned pilchards and, therefore, decided that Foodcorp should sell off the Glenryck trademark as well as its fishing rights with respect to small pelagic fish, being pilchards and anchovies, allocated by the Department of Agriculture, Fisheries and Forestry, to maintain competition in the market.

However, Oceana and Foodcorp did not believe the conditions imposed by the commission to be necessary to address any potential anticompetitiveness arising from the deal.

Instead, the merging parties argued that any anticompetitive effects would be adequately addressed by a condition allowing Foodcorp to retain the Glenryck trademark and, should it wish to sell this trademark to a third party in future, requiring Foodcorp to notify the commission of the proposed purchaser and of the proposed transaction should the Competition Act require this.

Further, according to the merging firms, there would be no commercial basis for Oceana to proceed with this transaction on the conditions imposed by the Commission.

The tribunal would hear this merger over three days and expected testimony from seven witnesses. Once the matter has been heard, the tribunal would decide whether to approve the merger, approve it with conditions or prohibit the merger outright.

Edited by Tracy Klückow
Creamer Media Contributing Editor

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