COMPETITION TRIBUNAL
REPUBLIC OF SOUTH AFRICA
Case no.: 92/LM/Sep05
In the large merger between:
Industrial Partnership Investments Limited
and
Kagiso Trust Investments (Pty) Limited
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Reasons
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Introduction
1. On 8 December 2005 the Competition Tribunal approved the merger
between Industrial Partnership Investments Limited and Kagiso Trust
Investments (Pty) Limited.
The transaction
2. Industrial Partnership Investments Ltd (“IPIL”), a special purpose vehicle
wholly owned by Remgro Ltd will acquire from Nedcor Investment
Holdings Ltd and Liberty Group Ltd approximately 37.155% of the issued
share capital in Kagiso Trust Investments (Pty) Ltd (“KTI”). In terms of the
Shareholder’s agreement IPIL and Kagiso Trust, which holds 50.32% in
KTI, will jointly control KTI.
Rationale for the transaction
3. The proposed transaction constitutes a financial investment opportunity for
Remgro and its shareholders.
Impact on Competition
4. Although both KTI and Remgro make equity investments in strategic firms,
either through minority positions or controlling interests, there are no
overlaps in respect of the products produced or services provided.
5. Remgro is mainly focussed on investments in tobacco products, banking
and financial services, 1 printing and packaging, building and motor
components, life assurance, medical services, mining, petroleum
products, food, wine and spirits and various other trade mark products. It
is not involved in the daytoday management of these businesses and
mainly concentrates on the management of investments and the provision
of support.
6. KTI is the investment arm of Kagiso Trust, an empowerment group, which
mainly focuses on investment banking activities that do not require a
banking licence.
7. In light of the above we find that the transaction will not substantially
lessen or prevent competition.
Public interest issues
8. The transaction does not raise any public interest concerns.
____________ 15 February 2006
N Manoim Date
Concurring: D Lewis, Y Carrim
1 Remgro holds a 23% noncontrolling interest in Rand Merchant Bank Holdings, a 17.2% noncontrolling
interest in Glenrand M.I.B Limited and 18% in FirstRand.
2