PUBLIC INTEREST CONSIDERATIONS IN THE WALMART / MASSMART MERGER

Thursday, April 19, 2012
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The Competition Tribunal (“Tribunal”) recently approved the merger between Walmart Stores, Inc. (“Walmart”) and Massmart Holdings Limited (“Massmart”) subject to conditions relating to the public interest effects of the merger. The Competition Commission (the “Commission”) had initially recommended the unconditional approval of the merger. However, certain government departments and trade unions intervened in the case, arguing for conditions to be imposed to protect the public interest, focussing on the negative impact of the merger on labour rights and procurement for local manufacturers and suppliers

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