“SA tribunal overturns decision on merger size classification” by Leo Szolnoki, Global Competition Review
Read the article (subscription required)
“Stephen Langbridge, at Fasken Martineau in Johannesburg, welcomes the decision, which he calls “very useful” and says it will help guide the commission and practitioners in the future. ‘The decision confirms an approach commonly adopted by practitioners that, for competition law purposes, joint control generally requires an agreement between two or more shareholders, which may be exercised positively or by veto, in relation to strategic decisions of the firm,’ he says. ‘An agreement between shareholders on governance or structural issues of the firm is not enough.’”