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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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Now, for the first time since the inception of the Competition Act, there is a real and definite focus on criminal investigations linked to contraventions of the Competition Act.
The publication of Government Gazette No. 288 and 289 of 2012 on Friday 7 December 2012 has given rise to two new developments in Namibian competition law.
According to the UN Conference on Trade and Development (UNCTAD), over the past five years the region has been the recipient of most of the foreign direct investment (FDI) into Africa.
The Zambia Competition Commission, now the Competition and Consumer Protection Commission (CCPC), has successfully prosecuted Mercury Express Logistics Zambia Limited (Mercury).
The Competition Commission recently found a dual distribution restraint to amount to a market allocation agreement between competitors, which is outright unlawful under the Competition Act, 89 of 1998.
The Competition Tribunal has recently approved the South African leg of the global acquisition by Nestlé S.A. of the infant nutrition business of Pfizer Inc.
