1 Weekly Media Statement For Immediate Release 29 October 2018. LATEST DECISIONS BY THE COMPETITION COMMISSION. 1. Key decisions on mergers and acquisitions Nomzamo Fishing (Pty) Ltd (Nomzamo) v Pioneer Fishing (East Coast) (Pty) Ltd (Pioneer Fishing EC), Saco Fishing (Pty) Ltd (Saco), Eyethu Fishing (Pty) Ltd (Eyethu). The Commission has approved the merger without conditions whereby Nomzamo intends to acquire Pioneer Fishing EC, Saco and Eyethu. Nomzamo is controlled by African Pioneer Marines (Pty) Ltd (APM). APM was formed with the aim of participating in the Government's Broad Based Black Economic Empowerment policy in south Africa, and in 1999 AP Group ventured into the commercial fishing industry through APM by acquiring a non- controlling interest in Pioneer Fishing (an investment holding company whose subsidiaries are active in the procurement, catching, processing and marketing of pelagic fish (pilchards and anchovy), hake, squid, horse mackerel, sole and tuna).
2 APM is an intermediate investment holding company with one subsidiary, Masikhulisane which held tuna fishing rights. Pioneer Fishing EC, Saco and Eyethu are controlled by Pioneer Fishing. Pioneer Fishing EC is active in the catching, processing and marketing of squid. Saco is an intermediate investment holding company with interests in Eyethu. Eyethu is mainly involved in the hake sector and it also has interests in the pelagic fish sector. Eyethu holds fishing rights for inshore and deep sea hake, pelagic fish (pilchard and anchovy), horse mackerel and sole. The Commission considered the activities of the merging parties and found that there is no overlap between the activities of firms controlled by the merging parties.
3 However, the Commission found that Eyethu and Pioneer Fishing's subsidiary, Pioneer Fishing (West Coast) (Pty) Ltd (Pioneer Fishing WC). are competitors in the market for the catching of pelagic fish. As such, the Commission was concerned that the proposed transaction was likely to facilitate the exchange of competitively sensitive information competition regulation for a growing and inclusive economy. 2. between competitors. The Commission found that the information exchange concerns are however, addressed by the second transaction between APM and Pioneer Fishing notified with the Commission on 2 August 2018.
4 Further, the Commission found that the proposed transaction does not raise any employment or other public interest concerns. Dis-Chem Pharmacies Ltd (Dischem) v Quenets Pharmaceutical Wholesalers (Pty) Ltd (Quenets) and Brandwacht Marketing (Pty) Ltd (Brandwacht). The Commission has recommended to the Competition Tribunal (Tribunal) that the proposed merger, whereby Dischem intends to acquire Quenets and Brandwacht, be approved, without conditions. Dischem is a publicly owned retail pharmacy group that operates 60 corporate and franchise pharmaceutical dispensary that supply a range of scheduled and unscheduled pharmaceutical goods as well as non-pharmaceutical goods ranging from baby-care products and toiletries to household cleaning items.
5 In addition Dischem is a licenced pharmaceutical that supplies it's corporate and franchise stores as well as independent third-party pharmacies. Quenets is a licensed pharmaceutical wholesaler and its activities include logistics, warehousing, fine distribution, bulk distribution, marketing activities, supply chain management and instore category management. Brandwacht is a marketing company and conducts all marketing activities related to the wholesale activities of Quenets. The Commission found that the proposed transaction is unlikely to result in a substantial prevention or lessening of competition in the relevant markets.
6 In addition, the Commission found that the proposed transaction does not raise any public interest concerns. Sony Corporation of America (Sony) v EMI Music Publishing (EMI). The Commission has approved the merger without conditions whereby Sony intends to acquire EMI. Sony, directly and through its subsidiaries, is active globally in various businesses, including electronics products ( audio, video, televisions, digital still cameras, camcorders, smartphones, tablets, semiconductors and components), games ( game consoles and software), entertainment services ( motion pictures, television programming, recorded music and music publishing), and financial services ( life insurance and banking).
7 Sony south Africa is active in various business segments, including 3. gaming, movies and home entertainment, music recording and music publishing through its subsidiary Sony ATV. EMI is controlled by DH Publishing (DH Publishing). EMI is a music publishing business with its catalogue administered by Sony/ATV since 2012, under the terms of an Administration Agreement. Sony/ATV has therefore been entitled to license EMI's catalogue, collect all monies earned from licensing, and identify potential new catalogue acquisitions on behalf of EMI, subject to certain veto rights afforded to DH Publishing. EMI operates and conducts activities in south Africa through its various south African subsidiaries, namely, EMI Music Publishing south Africa (Pty) Limited and EMI Industries (Pty) Limited.
8 In south Africa and elsewhere, EMI's music publishing catalogue is licensed by Sony/ATV. The Commission found that the proposed transaction is unlikely to substantially prevent or lessen competition in any of the identified relevant markets. Furthermore the proposed transaction does not raise any employment or other public interest concerns. APL Cartons (Pty) Ltd (APL) v Neopak (Pty) Ltd (Neopak). The Commission has approved the merger with conditions whereby APL intends to acquire certain assets of Neopak. APL is a partially integrated corrugated packaging company which operates a plant in Worcester, Western Cape.
9 It produces corrugated sheet, which is in turn converted into corrugated packaging at its converter plant. Corrugated packaging products manufactured by APL are mainly used for the fruit export industry by farmers. Neopak's corrugating plants located in Epping and Port Elizabeth are used to manufacture corrugated sheet which is then converted into corrugated packaging at its converting plants in Wadeville and Durban. The Commission found that the proposed transaction is unlikely to result in a substantial prevention or lessening of competition in the relevant markets. However, the Commission found that the proposed merger will have a negative effect on employment.
10 The Commission found that approximately 29. employees will be negatively affected by the proposed transaction. The Commission imposed a condition that the merging parties do not retrench any additional employees, other than the 29 employees, as a result of the proposed merger. Further, the Commission imposed a condition that for the 29 employees that will be retrenched, the merging parties' must set-up a development fund which will contribute to the upskilling or new business ventures of each of the affected employees in order to mitigate the effects of the retrenchments. 4. Imperial Group Ltd (Imperial Group) v The Mercedes-Benz, Chrysler/Jeep, Mitsubishi, Commercial and Van dealerships and the Used Vehicle Business conducted by Maemo Motors (Pty) Ltd and the Waterval Premises owned by Lussprop Investments (Pty) Ltd (and the Old Pretoria Premises owned by Lussin Piccolo Africa (Pty) Ltd (and Walkers Corner (Maemo Dealerships).))