Walmart-Massmart decision expected today

Friday, March 9, 2012

Pretoria - Judgement is expected today in the review of the Walmart- Massmart merger which three government departments have opposed calling for the matter to be revisited.

The Competition Appeal Court is set to make the judgement in Cape Town. In June 2011, the Competition Tribunal allowed the US retail giant to merge with Massmart with conditions resulting in Walmart acquiring 51% of the South African retailer.

Included in the conditions is the setting up of a R100 million supplier development fund.

The Departments of Agriculture, Forestry and Fisheries, Economic Development and Trade and Industry want the merger to be reassessed.

"The Walmart acquisition of Massmart can have a potentially devastating effect on local jobs and the transaction should be sent back to the Competition Tribunal for a proper consideration and more effective conditions to be imposed," the three departments said in October last year when they filed their heads of argument in the matter.

The Competition Tribunal adjudicates competition matters, in accordance with the Competition Act and has jurisdiction throughout the country while the Appeal Court considers appeals against decisions of the Tribunal.

Labour had also been against the merger.