South African Merger Litigations

Abstract

Due in part to the rights of third parties in merger litigation, there have been a number of highly contested litigated merger cases in South Africa. The article initially provides background to the mandatory premerger notification regime in South Africa, including setting out the roles of the various bodies and courts involved in the review and litigation of mergers. The article goes on to discuss the rights of third parties in merger litigation; not all third parties have the same status with regard to participating or intervening in merger proceedings. The article provides an analysis of a number of recent merger cases, including Wal-Mart Stores Inc./Massmart Holdings Ltd. and Pioneer Hi-Bred/Pannar Seed, before concluding with a brief discussion of the rights of merging parties to implement a merger pending an appeal.