Airpots Company SA v Aviation Fuel Supply Assets (LM073Aug23) [2023] ZACT 58 (26 October 2023)

55 Reportability
Competition Law

Brief Summary

Competition Law — Merger — Approval of large merger between Airports Company South Africa SOC Ltd and BP Southern Africa (Pty) Ltd — Airports Company South Africa SOC Ltd to acquire aviation fuel supply assets located at George and King Phalo Airports — Unconditional approval granted by Competition Tribunal.

CASE NO: LM073Aug23

Merger Alert

Date of release: 26 October 2023

The following Merger Alert is for information purposes only and is not binding on the
Competition Tribunal or any member of the Tribunal


OUTCOME OF MERGER DECIDED BY THE TRIBUNAL


Type of matter Large merger

Parties involved Airports Company South Africa SOC Ltd and the aviation fuel
supply assets of BP Southern Africa (Pty) Ltd located at George and King Phalo
Airports


Tribunal decision


Approved without conditions

The Competition Tribunal (“Tribunal”) has unconditionally approved the proposed
large merger in terms of which Airports Company South Africa SOC Limited
("ACSA") intends to acquire the aviation fuel supply assets of BP Southern Africa
(Pty) Ltd (“bpSA”), located at the George and King Phalo airports (“the target
assets”). Upon implementation of the proposed transaction, ACSA will own the target
assets.

ACSA is a state-owned company that is majority owned and controlled by the South
African Government, through the Department of Transport. ACSA owns and operates
various airports in South Africa, including the George and King Phalo airports.

The primary target firm is bpSA in respect of all immovables, movables, vehicles and
equipment belonging to and used by bpSA in its aviation fuel supply operations at
the George and King Phalo airports. bpSA leased the relevant premises at these two
airports from ACSA, where it installed all immovable assets and purchased the
movable assets required to operate the sites – which now comprise the target
assets.


Issued by:

Gillian de Gouveia, Communications Manager
On behalf of the Competition Tribunal of South Africa


Tel: +27 (0) 12 394 1383
Cell: +27 (0) 82 410 1195
E-Mail: GillianD@comptrib.co.za
Twitter: @comptrib