The South African Competition Authority prohibits a merger in the fast-food market purely on public interest grounds (Burger King)

Precedent-Setting Decision: Burger King Acquisition Prohibited Purely on Public Interest Grounds* The South African Competition Commission (SACC) made headlines with its first prohibition of an intermediate merger that was based solely on public-interest grounds. Emerging Capital Partners (ECP), a private equity firm founded in the US, was to acquire all Burger King assets from South African Grand Parade Investments, a South African majority black owned entity. The SACC, while finding that the proposed transaction will have no actual impact on competition, prohibited the transaction on the basis that the transaction will have a substantial negative effect on “the promotion of greater spread of ownership, in particular to increase the levels of ownership by historically disadvantaged

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Charl Van Der Merwe, The South African Competition Authority prohibits a merger in the fast-food market purely on public interest grounds (Burger King), 1 June 2021, e-Competitions June 2021, Art. N° 101063

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