ARTICLE
14 August 2012

Tribunal Conditionally Approves Merger In The Media Industry

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The transaction involved Media24's acquisition of 50% of the issued share capital of Natal Witness.
South Africa Antitrust/Competition Law

The transaction involved Media24's acquisition of 50% of the issued share capital of Natal Witness. During the Competition Commission's (Commission's) investigation, rival printer Caxton and CTP Publishing and Printing Limited (Caxton) raised a concern that in light of Media24 and Natal Witness' joint ownership of Africa Web, a company which prints community newspapers in KwaZulu-Natal and the Eastern Cape, the proposed transaction would result in Media24 increasing its share in Africa Web with the potential effect of Media24 using its increased control to exclude community newspapers from the market. The merger was referred to the Tribunal and Caxton intervened in the Tribunal proceedings to oppose the merger.

The Tribunal however approved the merger subject to two conditions. The conditions imposed on the merging parties are that Media24 and Paarl Media are to notify the Commission of further mergers with small, independent publishers. In addition, the Media24 Group is prohibited from influencing the operations and strategies of Africa Web.

The conditions imposed on the merging parties will be in effect for five years from the date of the Tribunal's order, alternatively, for the duration of the merging parties' control of Africa Web.

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