BACKGROUND AND SUMMARY On 1 February 2019, the Constitutional Court of South Africa, upheld an appeal and replaced the order of the Competition Appeal Court, instead ordering that the proposed transaction between Hosken Consolidated Investments Limited (“HCI”) and Tsogo Sun Holdings Ltd (Tsogo) in 2017 did not constitute a notifiable merger in terms of s13A
SUMMARY The Applicant (‘Standard Bank’) lodged an application to review and set aside the decision of the Respondent (‘the Commission’) to refer it to the Competition Tribunal (‘the Tribunal’), wherein the Commission alleged that Standard Bank, together with other banks, engaged in cartel conduct prohibited by s4(1)(b)(i) and (ii) of the Competition Act 89 of