The DA wants the public interest provisions in South Africa's competition law repealed, saying it is being used by the government to politicise mergers and acquisitions.
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Ina Opperman It is the first time in 20 years that a merger may be prohibited on the grounds of public interest only. Picture: iStock
The move by the Competition Commission to formally block the sale of Burger King and Grand Foods meat plant to Pan-African private equity firm Emerging Capital Partners (ECP) because “the proposed merger cannot be justified on substantial public interest grounds”, is bad news for investment.
The commission recommended the Competition Tribunal prohibits the sale because the merger would significantly reduce the shareholding of historically disadvantaged persons (HDP) from more than 68% to 0%.
Ground-breaking recommendation
This “ground-breaking recommendation”, to prohibit the proposed sale by Grand Parade Investments of its investment in Burger King SA to a US private equity firm, will have s
Merger parties need certainty on deal making, and the authorities should not harm the very interests they are required to protect and arguably promote.