Outcome of matters heard by the Tribunal

 06 August 2019

Type of matter

Parties involved

Commission’s recommendation to the Tribunal

Tribunal Decision

Large merger

Matador Bidco S.A.R.L And Compania Espanola de Petroleos, SAU

 

Approval without conditions

Approved without conditions

Large merger

OMPE GP IV (Pty) Ltd And Footgear Holdings (Pty) Ltd

 

Approval without conditions

Approved without conditions

Large merger

Interaction Market Services Holdings (Pty) Ltd And Freshworld Holdings (Pty) Ltd

Approval without conditions

Approved without conditions

Large merger

Vukile Property Fund Ltd And Rental Enterprises Comprising of Three Shopping Centres Known as Bloed Street Mall, Sunnypark Shopping Centre and Mdantsane City Shopping Centre Owned by Rebosis Property AS Fund Ltd

Approval without conditions

Approved without conditions

 

Matador acquires shares in CEPSA

 

The Tribunal has approved the proposed transaction whereby Matador Bidco S.A.R.L (Matador) seeks to acquire issued share capital in Compania Espanola De Petroleos, S.A.U. (CEPSA) from Mubadala Investment Company PJSC. Upon finalisation, Matador will exercise joint control over CEPSA together with Mubadala.

 

Matador is a newly established private company incorporated in accordance with the laws of Luxembourg. Each of the firms that indirectly control Matador are managed by affiliates of the Carlyle Group which invests in industries including transportation, consumer and retail, financial services, energy and power, real estate, infrastructure and healthcare, among others.

 

CEPSA is a company incorporated in accordance with the laws of Spain. The firm is involved in the exploration, development and production of oil and gas.

 

While the transaction does not result in prevention or lessening of competition in any market, the merging parties submitted that no retrenchments would occur as a result of the merger.

 

Investment holding company acquires footwear retailer

 

The Tribunal has approved the merger in terms of which OMPE GP IV (Pty) Ltd (in its capacity as a partner of OMPE Fund) intends to acquire control in Footgear Holdings (Pty) Ltd.

 

OMPE Fund controls MoreCorp which is active in the retail for the provision of golf and cycling footwear, whereas Footgear is a retailer of general and casual footwear.

 

The Commission, in its assessment of the merger, concluded that no competition or public interests concerns arise from this merger.

 

Interaction Market Services Holdings acquires Freshworld Holdings

 

The Tribunal has approved the proposed merger, without conditions, whereby Interaction Market Services Holdings (Pty) Ltd (the acquiring firm / RSA Group) seeks to acquire Freshworld Holdings (Pty) Ltd (FWH).

 

The RSA Group acts as a sales and marketing agent to producers or sellers of fresh produce (i.e. fresh fruit and vegetables) grown on farms in South Africa. The RSA Group facilitates the sale of such fresh produce to customers in South Africa.

 

The FWH Group procures, markets and sells export-grade fruit to customers in the international market (e.g. Asia, Europe, North America). FWH is not involved in the sale and marketing of vegetables and exclusively sells export-grade fruit to customers located outside of South Africa in the international market.

 

Vukile Property Fund acquires three shopping centres in merger

 

The Tribunal has approved a large merger involving Vukile Property Fund Limited and Rebosis Property Fund Limited in respect of rental enterprises comprising of three shopping centres known as Bloed Street Mall, Sunnypark Shopping Centre and Mdantsane Shopping Centre.

 

Vukile is a real estate investment trust listed on the Johannesburg Stock Exchange and is not controlled by any single shareholder. The proposed transaction involves the acquisition of the three shopping centres from Rebosis as going concerns.

 

The Commission, in its assessment of the merger, concluded that the proposed transaction would not change the structure of any relevant market and consequently, it5 was unlikely to result in the substantial lessening or prevention of competition.

 

The Commission was also of the view that the proposed transaction was unlikely to have a negative impact on employment. In addition, there were no further public interest concerns.

 

 

 

Issued by:

 

Gillian de Gouveia

Communications Officer

Tel: +27 (0) 12 394 1383

Cell: +27 (0) 82 410 1195

E-Mail: GillianD@comptrib.co.za

Twitter: @comptrib

  
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