Commission to challenge merger before the Supreme Court of Appeal - International Law Office

The Competition Commission has filed an application to appeal the Competition Appeal Court's judgment in the Pannar Seed (Proprietary) Limited and Pioneer Hi-Bred International Incorporated merger with the Supreme Court of Appeal. The commission is challenging the Competition Appeal Court's judgment on two grounds: the approval of the merger and the costs order awarded against the commission.

In May 2011 the Competition Appeal Court overturned the commission's prohibition of the merger between Pannar Seed and Pioneer. The Competition Appeal Court held that the proposed transaction would benefit competition in the industry by preventing the inevitable demise of Pannar Seed.

A spokesperson for the commission indicated that the organisation is seeking clarity from the Supreme Court of Appeal as to when the 'failing firm' defence may be used in merger transactions. The spokesperson also stated that an order for the commission to pay legal costs, incurred in the Competition Tribunal and the Supreme Court of Appeal reviews, undermines its investigatory powers.

For further information on this topic please contact Robert Wilson at Webber Wentzel by telephone (+27 11 530 5000), fax (+27 11 530 5111) or email (robert.wilson@webberwentzel.com).