The South African Constitutional Court sets aside a costs order decided by the Competition Appeal Court to overturn a merger prohibition decision (Pioneer Hi-Bred International / Pannar Seeds)

How to (almost) gut an agency – the final twist in the maize seeds case?* On 18 December 2013, the Constitutional Court of South Africa (“Constitutional Court”) handed down its decision in an appeal by the Competition Commission (“Commission”) against an unprecedented costs order imposed by the Competition Appeal Court (“CAC”). The costs order related to the CAC’s decision to overturn the decisions of the Commission and the Competition Tribunal (“Tribunal”) to prohibit the merger between Pioneer Hi-Bred International and Pannar Seeds. The Commission had originally prohibited the proposed merger on 7 December 2010, [1] following a three-month investigation. In the Commission’s assessment, the transaction amounted to a 3 to 2 concentration amongst producers of seeds for the staple food in South

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  • RBB Economics (London)

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Patrick Smith, The South African Constitutional Court sets aside a costs order decided by the Competition Appeal Court to overturn a merger prohibition decision (Pioneer Hi-Bred International / Pannar Seeds), 18 December 2013, e-Competitions December 2013, Art. N° 62281

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