MATTERS DECIDED BY THE TRIBUNAL – 22 JULY 2021
Type of matter
Commission’s recommendation to the Tribunal
DSV Panalpina A/S And Global Integrated Logistics Business of Agility Public Warehousing Company K.S.C.P
Approval with conditions
Approved with conditions
Mr Price Group Limited And K2018509367 (South Africa) (Pty) Ltd
Approval without conditions
Approved without conditions
Tribunal approves international merger with a moratorium on local retrenchments
The Tribunal has approved the large merger between DSV Panalpina A/S (“DSV A/S”) and the Global Integrated Logistics Business of Agility Public Warehousing Company K.S.C.P. (“GIL”), on condition that the merged entity shall not retrench any employees in South Africa, as a result of the merger, for a two-year period following the merger implementation date. Post-merger, DSV A/S will exercise sole control over GIL.
The Tribunal concluded that the transaction, which has also been notified in other international jurisdictions, is unlikely to substantially prevent or lessen competition in any relevant market in South Africa. Further, in light of the moratorium on retrenchments, the transaction is unlikely to have a negative impact on the public interest.
DSV A/S is a public company listed on the Nasdaq Copenhagen Stock Exchange. It is a global, light-asset based international freight-forwarding and logistics company that provides land, air and sea freight forwarding-services, as well as logistics solutions (e.g., contract logistics services and distribution logistics services). DSV A/S’ activities in South Africa comprise land, air and sea freight-forwarding services; contract logistics services; road / courier services; and special projects.
GIL is controlled by Agility, a public company listed on the Boursa Kuwait and the Dubai Stock Exchange. GIL is a global freight-forwarder and provider of contract logistics. It offers ocean, air and road freight, warehousing and distribution, and integrated supply chain services in more than 100 countries. GIL also provides specialist solutions for capital projects, oil and gas, chemicals, and fairs and events logistics. In South Africa, GIL provides land, air and sea freight-forwarding (including advising on national customs and clearance, security, license requirements and regulations related to air and sea freight); and contract logistics services.
Mr Price Group and Yuppiechef merger approved by Tribunal, without conditions
The Tribunal has approved, without any conditions, the large merger between Mr Price Group Limited (“Mr Price Group”) and K2018509367 (South Africa) (Pty) Ltd (“Yuppiechef”). Post-merger, Mr Price Group will wholly control Yuppiechef.
The Tribunal has concluded that the transaction is unlikely to substantially lessen or prevent competition in any relevant market in South Africa. In addition, the merger will not have a negative impact on the public interest.
The transaction will result in the promotion of a greater spread of ownership as envisaged in section 12A(3)(e) of the Competition Act, as pre-merger, Yuppiechef does not have HDP shareholding (shareholding by historically disadvantaged persons). Yuppiechef will, post-merger, be wholly controlled by Mr Price Group, whose shares are widely held, including by HDPs.
Mr Price Group is listed on the JSE. It controls several entities across Southern Africa and operates through various brands in South Africa, being active in the retail of homeware and related products, among others. The Mr Price business operates physical retail stores and customers can also purchase products online for delivery or collection throughout South Africa.
Yuppiechef is controlled by multiple shareholders and controls Yuppiechef Holdings (Pty) Ltd (“Yuppiechef Holdings”). Yuppiechef Holdings, in turn, controls several firms in South Africa. It is a South African retailer that focuses on the supply of kitchenware, homeware, furniture and appliances. It operates “brick and mortar” stores and provides for online sales.
Gillian de Gouveia, Communications Officer
On behalf of the Competition Tribunal of South Africa
Cell: +27 (0) 82 410 1195
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