SPAP V BIDCO Proprietary Limited and Another v Competition Commission of South Africa (LM012Apr24/VAR080Aug25) [2025] ZACT 25 (21 October 2025)

45 Reportability
Competition Law

Brief Summary

Competition Law — Merger Control — Variation of conditions attached to merger approval — Applicants sought to vary conditions set by the Tribunal in a previous order regarding the merger between SPAP V BIDCO Proprietary Limited and The Building Company Proprietary Limited — The Competition Commission agreed to the variation — Tribunal varied the conditions as requested by the applicants.

COMPETITION TRIBUNAL OF SOUTH AFRICA
Case No: LM012Apr24/VAR080Aug25
In the matter between:
SPAP V BIDCO PROPRIETARY LIMITED First Applicant
THE BUILDING COMPANY PROPRIETARY LIMITED Second Applicant
and
COMPETITION COMMISSION OF SOUTH AFRICA Respondent
In re the large merger involving:
SPAP V BIDCO PROPRIETARY LIMITED Primary Acquiring Firm
and
THE BUILDING COMPANY PROPRIETARY LIMITED Primary Target Firm
Panel: A Wessels (Presiding Member)
G Budlender (Tribunal Member)
I Valodia (Tribunal Member)
Heard on: 20 October 2025
Order Issued on: 21 October 2025
ORDER
1.1. On application by SPAP V BIDCO Proprietary Limited and The Building Company
Proprietary Limited and as agreed to by the Competition Commission, the Competition
Tribunal (“Tribunal”) orders the following:
2.2. The conditions attached to the Tribunal’s order issued on 23 August 2024 under case
number LM012Apr24 (the "Conditions") are varied as follows:
It
competitiontribunal
SOUTH AFR ICA

2.1 by substituting the reference to as the
Target Subsidiary in clause 1.19 of the Conditions with
21 October 2025
Mr Andreas Wessels Date
Mr Geoff Budlender SC and Prof. lmraan Valodia concurring
2